Brazil ends the 6x1 Work Schedule: what changes for payroll and scheduling starting in december

Constitutional Amendment 141/2026 has been promulgated and the 42-hour workweek takes effect on December 15. Here is the timeline and what HR needs to adjust now

On October 16, 2026, Brazil’s Congress promulgated Constitutional Amendment 141, which replaces the 6x1 schedule (six days on, one day off) with a 5x2 schedule, with no salary reduction. The proposal (PEC 221/2019) passed the Chamber of Deputies by 461 votes to 19 and the Senate by 75 to 1. With the rule now settled, the challenge for companies is to get organized before the deadline.

For multinationals, this matters at the headquarters level too: a Brazilian subsidiary that misses the deadline faces labor liabilities that quickly show up in the global P&L.

The transition timeline

• December 15, 2026: two paid weekly rest days and a maximum workweek of 42 hours.

• About 14 months after publication (around December 2027): maximum workweek of 40 hours.

• Rest days: one of them should preferably fall on a Sunday.

Some analyses count the deadline one day differently (December 15 or 16). To be safe, schedules should be adjusted by December 15.

What the amendment allows during the transition

• Collective bargaining agreements can extend the daily workday to fit the 42 hours, as long as the two rest days are preserved.

• Rest days can be offset, averaging two days per week over the month, with at least one rest day in every seven.

• Collective agreement clauses that conflict with the amendment lose validity after 60 days.

Payroll impact

• Hourly rate: since salaries cannot be reduced, the regular hourly rate rises. On a BRL 2,200 salary, the hourly rate goes from BRL 10.00 (divisor 220) to BRL 10.48 (divisor 210), then BRL 11.00 (divisor 200).

• Overtime and night shift premium: the calculation base rises along with the hourly rate.

• Hourly workers: employees who work fewer hours cannot receive less in total.

• The 42-hour divisor: it is not provided for in the amendment or in case-law precedents, so the issue may reach the labor courts.

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Exceptions and open points

• Employees with a university degree earning at least 2.5 times the social security (INSS) ceiling (about BRL 21,200) are outside the working-hours and time-tracking rules. The two rest days still apply.

• Public servants’ schedules do not change.

• A future complementary law may provide adjustments for individual micro-entrepreneurs (MEIs), micro and small companies. It does not exist yet.

• The 12x36 schedule averages 42 hours per week, which fits the transition but exceeds the 40 hours of 2027. Its future depends on regulation or collective agreements.

How to prepare

• Identify the collective bargaining agreement that applies to your company and review its working-hours clauses.

• Review schedules, employment contracts, time banks and time-tracking systems.

• Recalculate the overtime base and payroll with the new divisor.

• Adjust schedules by December 15 and follow the upcoming regulation.

Conclusion

The end of the 6x1 schedule changes scheduling, time tracking and payroll routines. Poorly executed adjustments create overtime and rest-day gaps that tend to become labor liabilities. Companies that plan now reach December with confidence.

Source: Agência Senado, Agência Brasil and CCM Advocacia | Adaptation and review: DBS Partner Team

Reorganizing schedules, recalculating overtime and adapting to collective agreements requires technical precision and constant updates. DBS Partner runs payroll and HR routines for your company, so the move to the 42- and 40-hour workweeks happens in full compliance. Get in touch with our team and find out how we can support your company’s HR. Email us at dbs@dbspartner.com.br.