Countries › Brazil › Guide › 7. Labor and employment › Working hours, overtime, breaks and night work in Brazil, including the move to a 40 hour week

Working hours, overtime, breaks and night work in Brazil, including the move to a 40 hour week

Last verified: 2026-10-27 · Status: Changing

Constitutional Amendment 141 of 16 October 2026 caps the normal week at 42 hours with 2 paid rest days from 16 December 2026 and at 40 hours from 16 December 2027, with no pay cut, while the daily limit stays at 8 hours. Overtime is capped at 2 hours a day at a premium of at least 50 percent, hours banks run 6 months by individual agreement or a year by collective agreement, and night work between 10 p.m. and 5 a.m. pays at least 20 percent more with a shorter 52 minute 30 second hour. Establishments with more than 20 workers must record entry and exit times, and graduates earning at least 2.5 times the social security ceiling are exempt from hours control under the amendment.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.5007 per US dollar for 26 October 2026, the last business day before verification. The real moved sharply that day (R$5.0377 on 23 October), so conversions are for orientation only.

Key facts

Normal daily hours limit	8 hoursCF art. 7, XIII (EC 141/2026), as of 2026-10-27 · in force
Normal weekly hours limit from 16 December 2026	42 hoursEC 141/2026 art. 6, I, as of 2026-12-16 · in force
Normal weekly hours limit from 16 December 2027	40 hoursEC 141/2026 art. 6, II, as of 2027-12-16 · pending
Paid weekly rest days from 16 December 2026	2 daysCF art. 7, XV (EC 141/2026), as of 2026-12-16 · in force
Monthly salary above which graduates are exempt from hours control (2.5 x RGPS ceiling)	21188.88 BRLEC 141/2026 art. 8, as of 2026-10-27 · in force
Minimum overtime premium	50 %CLT art. 59 § 1, as of 2026-10-27 · in force
Maximum overtime hours per day	2 hoursCLT art. 59, as of 2026-10-27 · in force
Offset period for an individual hours bank	6 monthsCLT art. 59 § 5, as of 2026-10-27 · in force
Minimum night work premium	20 %CLT art. 73, as of 2026-10-27 · in force
Night work window (urban)	10 p.m. to 5 a.m. CLT art. 73 § 2, as of 2026-10-27 · in force
Minimum rest between working days	11 hoursCLT art. 66, as of 2026-10-27 · in force
Minimum meal break for shifts over 6 hours	1 hoursCLT art. 71, as of 2026-10-27 · in force
Establishment headcount above which time records are mandatory	20 workersCLT art. 74 § 2, as of 2026-10-27 · in force
Position bonus needed for the manager exemption from hours control	40 %CLT art. 62 sole paragraph, as of 2026-10-27 · in force

The rule

1. Normal work may not exceed 8 hours a day and 40 hours a week, with compensation schemes and shorter hours allowed by collective agreement, and every worker gets 2 paid weekly rest days, one preferably on Sunday. The change is phased: from two months after publication (16 December 2026) the normal week may not exceed 42 hours and the 2 rest day rule applies; one year after that (16 December 2027) the cap is 40 hours. The shorter week applies to existing contracts with no cut in nominal or proportional pay, including wage floors, and collective clauses on hours and rest that conflict with the amendment lose effect two months after publication. By exception, collective agreements may average 2 rest days per calendar month, with at least one rest day within each work week.
Cost to do it: No fee. Employers on 44 hours must cut 2 hours a week by 16 December 2026 and 4 hours by 16 December 2027 without reducing pay, or pay the excess as overtime.
Example: A worker on R$4,400 a month for 44 hours keeps R$4,400 on 42 hours; the implied hourly cost rises by about 4.8 percent (44/42) and by 10 percent (44/40) in December 2027. / R$4,400 is about US$799.90.Emenda Constitucional nº 141 of 16 October 2026 (DOU of 16 October 2026, extra edition), amending Constituição Federal art. 7, Art. 1 (CF art. 7, XIII, XV and §§ 2 and 3), arts. 2, 3, 4, 6 and 10, 2026-10-16 official text · verified 2026-10-27 · changed: Emenda Constitucional nº 141 of 16 October 2026 replaced the 44 hour week and single weekly rest day: 42 hours and 2 rest days from 16 December 2026, 40 hours from 16 December 2027.

2. Employees with a university degree and a monthly salary of at least 2.5 times the general social security benefit ceiling are not subject to the hours rules and time control, unless the employer chooses to apply them or a collective agreement provides otherwise; the 2 weekly rest days still apply. Public sector employees are excluded from this exemption.
Cost to do it: No fee; it removes overtime exposure for qualifying senior staff.
Example: With the 2026 ceiling of R$8,475.55 the threshold is 2.5 x R$8,475.55 = R$21,188.88 a month. / About US$3,852.03 a month.Emenda Constitucional nº 141 of 16 October 2026, Art. 8 and §§ 1 and 2, 2026-10-16 official text · verified 2026-10-27 · changed: New exemption from hours control for highly paid graduates created by Emenda Constitucional nº 141 of 16 October 2026.

3. The normal day may be extended by up to 2 overtime hours by individual agreement, collective convention or collective agreement. Overtime pays at least 50 percent above the normal hour. An hours bank lets overtime be offset by time off: by written individual agreement if offset within 6 months, and by collective agreement on an annual basis. Offsetting within the same month may be agreed individually, even tacitly.
Cost to do it: 50 percent premium on each overtime hour, plus reflections on weekly rest, vacation, 13th salary and FGTS when habitual.
Example: Hourly rate R$40.00: each overtime hour costs at least R$60.00; 2 hours a day for 20 days is R$2,400.00. / About US$10.91 per hour and US$436.31 for the month.CLT art. 59 as worded by Lei nº 13.467 of 13 July 2017; art. 611-A, II inserted by Lei nº 13.467, CLT art. 59 caput and §§ 1, 2, 5 and 6; art. 611-A, II, 2017-07-13 official text · verified 2026-10-27

4. Failing to meet the formal requirements of an hours compensation scheme does not require paying the offset hours again if the weekly maximum was respected; only the premium is owed. Habitual overtime does not by itself void an hours compensation or hours bank agreement.
Cost to do it: Limits exposure to the premium only, if the weekly cap was respected.CLT art. 59-B inserted by Lei nº 13.467 of 13 July 2017, CLT art. 59-B and sole paragraph, 2017-07-13 official text · verified 2026-10-27

5. By written individual agreement or collective instrument, the parties may adopt a 12 by 36 schedule: 12 hours of work followed by 36 uninterrupted hours of rest, with meal breaks observed or paid. The monthly salary covers paid weekly rest and holidays worked.
Cost to do it: No premium for the 12 hour day itself; holidays are included in the monthly salary.CLT art. 59-A inserted by Lei nº 13.467 of 13 July 2017, CLT art. 59-A and sole paragraph, 2017-07-13 official text · verified 2026-10-27

6. The hours chapter does not apply to external workers whose activity is incompatible with fixed hours, to managers (including department and branch heads) whose position pay including any bonus is at least 40 percent above the base salary, and to remote workers paid by output or task.
Cost to do it: A manager exemption requires position pay at least 40 percent above the base salary.
Example: A manager with a R$10,000 base salary needs at least R$4,000 of position bonus (total R$14,000) to fall outside hours control under art. 62. / About US$2,545.13 total.CLT art. 62 as worded by Lei nº 8.966 of 1994 and Lei nº 14.442 of 2 September 2022, CLT art. 62, I to III and sole paragraph, 2022-09-02 official text · verified 2026-10-27

7. There must be at least 11 consecutive hours of rest between two working days. Continuous work over 6 hours requires a break of at least 1 hour and at most 2 hours (unless agreed otherwise); work over 4 and up to 6 hours requires a 15 minute break. A break not granted, in whole or in part, is paid as an indemnity for the suppressed time with a 50 percent premium. A collective agreement may reduce the meal break to 30 minutes for shifts over 6 hours.
Cost to do it: Suppressed break time paid at 150 percent as an indemnity.
Example: Meal break cut from 60 to 30 minutes without a collective agreement, hourly rate R$40.00: 0.5 x R$40.00 x 1.5 = R$30.00 per day, R$660.00 over 22 days. / About US$119.98 a month.CLT arts. 66 and 71, § 4 as worded by Lei nº 13.467 of 13 July 2017; art. 611-A, III, CLT arts. 66; 71 caput and §§ 1 and 4; 611-A, III, 2017-07-13 official text · verified 2026-10-27

8. Night work between 10 p.m. and 5 a.m. is paid at least 20 percent above the day rate, and each night hour counts as 52 minutes and 30 seconds.
Cost to do it: At least 20 percent premium; 7 clock hours of night work count as 8 paid hours.
Example: Hourly rate R$40.00: night hour at least R$48.00. A shift from 10 p.m. to 5 a.m. (7 clock hours) is paid as 8 hours: 8 x R$48.00 = R$384.00. / About US$69.81 per shift.CLT art. 73 as worded by Decreto-Lei nº 9.666 of 1946, CLT art. 73 caput and §§ 1 and 2, 1943-05-01 official text · verified 2026-10-27

9. Working hours are recorded in the employee register. Establishments with more than 20 workers must record entry and exit times, manually, mechanically or electronically, and the break time may be pre noted. Recording by exception (only deviations) is allowed by individual written agreement or collective instrument.
Cost to do it: Cost of a time recording system; without records the employer bears the burden of disproving overtime claims in practice.CLT art. 74 as worded by Lei nº 13.874 of 2019, CLT art. 74 caput and §§ 2 to 4, 1943-05-01 official text · verified 2026-10-27

10. Bank employees work 6 continuous hours on weekdays, 30 hours a week, between 7 a.m. and 10 p.m. with a 15 minute break; staff in management or trust positions whose bonus is at least one third of salary are excluded. Hours may be extended up to 8 a day, not exceeding 40 a week.
Cost to do it: Hours beyond 6 for non manager bank staff are overtime at 50 percent or more.CLT arts. 224 and 225 as worded by Lei nº 7.430 of 17 December 1985, Decreto-Lei nº 754 of 1969 and Lei nº 6.637 of 8 May 1979, CLT art. 224 caput and §§ 1 and 2; art. 225, 1985-12-17 official text · verified 2026-10-27

11. Work in uninterrupted rotating shifts (turnos ininterruptos de revezamento) has a 6 hour normal day, unless collective bargaining provides otherwise. Before Emenda Constitucional nº 141 the constitutional weekly limit was 44 hours with one paid weekly rest day.
Cost to do it: Hours beyond 6 in rotating shifts without a collective agreement are overtime.Constituição Federal of 5 October 1988, Art. 7, XIII (original wording) and XIV, 1988-10-05 official text · verified 2026-10-27

12. Employers must give priority, within their management powers and at the employee's request, to flexible schedules (part time, hours bank, 12 by 36, advance individual vacation, flexible start and end times) for employees with a child or ward up to 6 years old or with a disability, formalized by individual or collective agreement.
Cost to do it: No fee; document requests and responses.Lei nº 14.457 of 21 September 2022 (Emprega + Mulheres), Art. 8, 2022-09-21 official text · verified 2026-10-27

Period	Normal weekly limit	Paid weekly rest	Pay
Until 15 December 2026	44 hours (previous rule)	1 day	Unchanged
16 December 2026 to 15 December 2027	42 hours	2 days, one preferably Sunday	No reduction allowed
From 16 December 2027	40 hours	2 days	No reduction allowed

Weekly hours timeline under Emenda Constitucional nº 141 of 16 October 2026 (arts. 6 and 10).

Item	Rule	R$ per hour	US$ per hour
Overtime	At least 50 percent	60.00	10.91
Night hour	At least 20 percent, 52 min 30 s hour	48.00	8.73
Suppressed break	Paid with 50 percent	60.00	10.91

Premiums on an hourly rate of R$40.00 (CLT arts. 59, 71 § 4 and 73). USD at R$5.5007.

Worked example

A retail chain runs 44 hour weeks (8 hours Monday to Friday plus 4 on Saturday). From 16 December 2026 it must cut to 42 hours with 2 rest days, for example 8 hours 24 minutes over 5 days, keeping monthly salaries. If it keeps 44 hours, the 2 extra hours a week are overtime: at an hourly rate of R$40.00 that is about 2 x R$60.00 = R$120.00 a week per worker (US$21.82).

Step by step

Map every schedule against the 42 hour cap and 2 rest days that apply from 16 December 2026, and the 40 hour cap from 16 December 2027.
Review collective agreements: clauses on hours and rest that conflict with EC 141 lose effect two months after 16 October 2026.
Identify graduates earning at least 2.5 times the social security ceiling who may be exempt under EC 141 art. 8, and decide whether to keep time control anyway.
Put individual hours bank agreements in writing and offset within 6 months; longer banks need a collective agreement.
Install a time recording system in establishments with more than 20 workers.
Check night shifts for the 20 percent premium and the shorter night hour.

Common traps

Reducing hours under EC 141 while cutting pay is unconstitutional; the amendment bars any nominal or proportional reduction (art. 2).
A manager title without a position bonus of at least 40 percent does not remove overtime exposure (CLT art. 62 sole paragraph).
Hours banks by individual agreement must be offset within 6 months; annual banks need a collective agreement (CLT art. 59 § 5).
Cutting the meal break below 1 hour for shifts over 6 hours needs a collective agreement and may not go below 30 minutes (CLT art. 611-A, III).
Night hours are shorter: 7 clock hours from 10 p.m. to 5 a.m. equal 8 paid hours.

Sources

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