Brazil's newly enacted Constitutional Amendment No. 141 significantly changes the country's working-time rules. The amendment gradually reduces the maximum workweek from 44 to 40 hours, introduces a second paid weekly rest day, and creates a new exemption from working-time and timekeeping requirements for certain employees with a university degree who meet a compensation threshold.
What Is Changing?
The amendment introduces four major changes:
- The maximum workweek will be reduced from 44 hours to 40 hours.
- Employees will be entitled to two paid weekly rest days, one of which should preferably be Sunday.
- Salaries cannot be reduced to offset the shorter workweek or additional rest day.
- Certain degree-holding employees earning above a specified compensation threshold may be exempt from working-time and timekeeping rules.
Key Dates
The changes will be implemented in stages:
- October 16, 2026: Most provisions became effective, including the new Article 8 exemption discussed below.
- December 16, 2026: The maximum workweek is reduced from 44 to 42 hours, and the entitlement to two paid weekly rest days becomes effective.
- December 16, 2027: The maximum workweek is further reduced from 42 to 40 hours.
Article 8 Creates a New Working-Time Exemption
One of the most noteworthy aspects of the amendment is Article 8, which establishes a new category of employees who are exempt from working-time limits and timekeeping requirements.
To qualify, an employee must:
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