The Brazilian Senate approved PEC 221/2019 on Wednesday, ending the 6×1 work schedule that forces employees to work six consecutive days with only one day off. The amendment now heads to promulgation after clearing both voting rounds.
Vote tally and political backdrop
In the first round, the measure received 75 votes in favor and a single dissent from Senator Hamilton Mourão (Republicanos-RS). The second round reproduced the same margin, meeting the required 49 affirmative votes per round. The approval aligns with President Lula‘s campaign promises as he seeks re-election.
Senator Flávio Bolsonaro (PL-RJ), initially critical and supportive of a hourly-pay model, shifted his stance and voted for the amendment. He labeled the proposal “opportunistic” days earlier, then told reporters, “I’m rolling the country. Most workers want the end of 6×1. I’ll vote for it, but we defend something even better.”
Core changes and exemptions
The amendment mandates a gradual reduction of the maximum weekly worktime from the current 44 hours to 40 hours, without cutting wages. Two paid rest days per week become mandatory, with one preferably falling on Sunday.
Two months after the constitutional amendment’s publication, the weekly ceiling will drop to 42 hours; after fourteen months, it will reach 40 hours. Daily limits stay at eight hours, and collective bargaining may allow hour-banking arrangements.
Workers holding a university degree and earning at least 2.5 times the Social Security ceiling—about R$ 21.2 thousand a month—are exempt from the new time-tracking rules, though they must still observe the two-day rest entitlement. The exemption does not apply to public-sector employees.
During debate, Senator Oriovisto Guimarães (PSDB-PR) tried to add language clarifying that employees already working 40 hours or less would have their schedules redistributed for daily limit calculations, but the amendment stripped that wording.
“Categories with special regimes under 40 hours will need separate regulation; otherwise we’ll flood the courts with lawsuits,” the senator warned, emphasizing the potential judicial burden.
Opposition parties originally backed an alternative, PEC 12/2026, which would tie work hours to hourly remuneration and expand individual negotiations. That proposal, championed by Senator Rogério Marinho (PL-RN), lost traction as the Senate moved forward with the 6×1 repeal.
While some opposition senators attempted to postpone the second-round vote until after the presidential runoff on October 25, the strategy faltered. A portion of the opposition, including Flávio Bolsonaro, eventually supported the amendment, citing broader worker support.
Government leader Randolfe Rodrigues (PT-AP) criticized absent opponents for shifting their positions close to the election, suggesting political opportunism. Senate member Damares Alves (Republicanos-DF) stressed that the legislation is a congressional achievement, not a presidential gift.
Relator Omar Aziz (PSD-AM) indicated that sector-specific rules, particularly for platform workers and airline pilots, still require refinement before the reduced hours can be implemented. He urged rapid action to prevent implementation delays.
Sector-specific rules in progress
Parallel to this effort, the MDB’s Senate leader introduced a separate constitutional amendment aimed at addressing work-time arrangements for those particular sectors. That proposal is expected to be debated alongside the main amendment, with the goal of preventing gaps that could otherwise generate legal disputes.
Path to enactment and oversight
Following the Senate’s approval, the constitutional amendment proceeds to the final step of formal publication. Once the President signs the decree, the text will appear in the Official Gazette, marking its official entry into force.
Implementation will be overseen by the Ministry of Labor, which will issue complementary regulations. These rules will define how employers must schedule the mandatory weekly rest days, emphasizing that one of the days should preferably occur on Sunday.
Employers will be allowed to adopt flexible arrangements through collective bargaining, including the possibility of compensating hours across the week, provided the daily ceiling of eight hours remains respected.
