The Senate Committee on the Constitution and Justice (CCJ) approved this Wednesday, in a symbolic vote, the reduction of the maximum working time to 36 hours per week. The text, reported by Senator Rogério Carvalho (PT-SE), modifies article 7 of the Constitution to limit working hours to eight hours per day, spread over a maximum of five days per week, and establishes the right to at least two consecutive days of paid rest, preferably Saturdays and Sundays.
The project was inserted at the last minute during the CCJ session this Wednesday, after the approval of the anti-faction. The approval took place in less than five minutes and symbolically.
Senator Eduardo Girão (Novo-CE) protested against the vote outside the agenda on the PEC. According to him, the subject had not been included in the official table of deliberations, which prevented the filing of a request for review.
— I am saddened by this procedure at the CCJ. We study the topics on the agenda, and on the eve of the holiday an additional agenda appears. I admit that I feel violated by this attitude — said Girão, adding that he would seek to discuss this subject again in plenary.
The president of the commission, Senator Otto Alencar (PSD-BA), reacted by declaring that the procedure did not constitute an error and that the proposal had already been debated for months.
— I regret that Your Excellency did not participate in any of the three public hearings that we held. Everyone had the opportunity to debate, — said Otto.
He stressed that there was a commitment to vote on the PEC this year and that the issue would continue to be discussed in the following stages.
— I always respond to requests from my colleagues to discuss topics out of order. I did it today, as I do with everyone – he added.
The proposal provides that the transition will take place in a staggered manner: working hours will initially fall to 40 hours per week the year following the promulgation of the amendment, with a reduction of one hour per year until reaching 36 hours, without loss of salary. With the approval of the CCJ, the PEC now goes to the plenary session of the Senate for analysis.
The opinion approved by the CCJ emphasizes that the reduction of weekly working hours to 36 hours follows the standard recommended by the International Labor Organization (ILO), which since 1962 indicates the objective of 40 hours per week as a “social standard to be achieved in stages”. The report says the proposal extends rest time “without financial losses” and that empirical studies demonstrate that previous reductions, such as the shift from 48 to 44 hours in 1988, have not increased unemployment or increased real hourly wages.
The text also highlights that several countries are already adopting shorter working hours — such as Chile, Ecuador and the European Union average of 36 hours per week — and that the progressive implementation planned in the CEP guarantees legal certainty for companies by allowing the planning of working hours. The report includes two amendments to establish the right to weekly rest of two consecutive days, preferably Saturday and Sunday, and to guarantee the irreducibility of salary for the entire duration of the transition. Once approved, the PEC will be submitted to the plenary of the Senate, where it will have to be voted on in two rounds.
• Constitutional limit on working hours
Normal working hours now amount to 8 hours per day and 36 hours per week, spread over five days per week.
• Obligatory two-day weekly rest
It is included in art. 7th of the Constitution the right to a paid weekly rest of at least two days, preferably Saturdays and Sundays.
• Staggered transition without salary reduction
Implementation will be gradual:
– in the year following promulgation, the maximum duration of the working day falls to 40 hours;
– then reduce 1 hour per year until reaching 36 hours;
– salary cannot be reduced.
• Transition period until final implementation
Until the procedures are completed, the weekly limit remains 44 hours, as planned today.
• International and technical foundation
The report cites ILO guidelines and international examples that are already adopting shorter working hours, emphasizing that this reduction is consistent with global standards.
• National empirical evidence
The studies cited in the opinion indicate that the reduction in working hours in 1988 did not cause unemployment and increased real hourly wages.
• Motivations regarding health and safety at work
The text emphasizes the positive impacts on health at work and work-life balance.
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