End of the 6x1 scale.

On the night of October 14, 2026, the Federal Senate approved, in two rounds and by 75 votes to 1, Constitutional Amendment Proposal (PEC) 221/2019, which puts an end to the 6x1 work schedule and reduces the maximum working hours in Brazil.

Since the text had already been approved by the Chamber of Deputies and did not undergo any changes in the Senate, it now goes directly to the National Congress for promulgation, without the need for presidential approval.

This change is one of the most significant in labor relations since the 1988 Constitution. In this article, we explain what changes, the deadlines, and what companies, workers, and domestic employers need to be aware of.

What changes

The proposed amendment alters the constitutional limit on working hours and extends the weekly rest period. The central points are:

• Weekly schedule: The maximum limit drops from 44 to 40 hours per week.
• Daily schedule: The limit of 8 hours per day remains, with compensation allowed through agreement or collective bargaining.
• Weekly rest: The worker will now be entitled to two paid days off per week, one of them preferably on Sundays. Currently, the rule is only one day.
• Wage: The reduction in working hours occurs without a reduction in salary.

In practice, the 6x1 schedule, with six days of work followed by one day off, is no longer permitted as a general rule.

Transition and deadlines

The new rules do not take effect immediately. The proposed constitutional amendment provides for a two-stage transition, starting from the date of its enactment:

First stage: Sixty days after the enactment, the two paid days off per week and the maximum 42-hour work week will come into effect.

Second stage: Twelve months later, the maximum work week drops to 40 hours.

In total, the complete transition takes about 14 months. As the enactment has not yet occurred, the exact dates will only be known when the Constitutional Amendment is published.

Overtime starts earlier.

One little-discussed effect of the PEC is the change in the point at which work is considered overtime.

Today, weekly overtime begins to be counted after the 44th hour. With the new rule:

• During the transition: any work exceeding the 42nd hour per week is considered overtime.
• After the transition: any work exceeding the 40th hour per week is considered overtime.

For companies that currently rely on overtime to cover operations, this means reviewing schedules and projecting the new payroll cost.

Those who already work 40 hours or less

Workers whose work week is already 40 hours or less will not have their work hours further reduced. However, they will now be entitled to the two paid weekly rest days stipulated in the new rule.

Domestic workers are also included.

Since Constitutional Amendment 72/2013, the Constitution guarantees domestic workers the same working hours limit applicable to other employees. Therefore, the reduction to 40 hours per week and the two days of paid rest also apply to domestic employees.

For employing families, the following is recommended:

• Review work schedules and days;
• Formalize the new work schedule through an addendum to the contract;
• Follow the official guidelines regarding the registration of the new work schedule in eSocial.

What remains permitted

The end of the 6x1 work schedule does not eliminate the flexibility of labor relations. The following remain permitted:

• Differentiated regimes, such as the 12×36 scale;
• Time bank and overtime compensation, in accordance with the law and collective agreements or conventions;
• Work on Sundays and holidays in authorized activities, with the corresponding compensatory time off, respecting the limit on hours and the two days of rest.

How should companies prepare?

The deadline for the first phase is only 60 days after the enactment. Therefore, planning should begin now:

1. Map the current schedules and identify which teams work on a 6x1 schedule or more than 42 hours per week.
2. Review employment contracts, formalizing the new work schedules.
3. Analyze existing collective agreements and conventions and assess the need for renegotiation with the union.
4. Recalculate personnel costs, including the impact of overtime.
5. Plan the operation, evaluating shift reorganization or new hires.

Next steps

The proposed constitutional amendment still depends on enactment by the National Congress, and some points may be detailed by subsequent regulations.

Every company and every contract has its own unique circumstances. If you have questions about how this change affects your company, your team, or your employment contract, please contact our team.

Article written by: Rafael Mello and Fernanda Vastella.