Congress promulgates amendment ending 6x1; 5x2 schedule starts in 60 days

The Congresso Nacional promulgated, on Friday (16), the Constitutional Amendment No. 141 of 2026, which ends the scale of six working days and only one rest (6x1) and provides for the scale 5x2, with two breaks per week, for all workers in Brazil within two months.

The new Amendment was promulgated in sessão solene with the participation of the presidents of the Senate, Davi Alcolumbre (União-AP); of the Chamber of Deputies, Hugo Motta (Republicanos-PB); and of the president of the Republic, Luiz Inácio Lula da Silva.

Ministers of state, senators and deputies from the Allied base crowded the plenary of the Senate. Leaders of the opposition did not attend the session.

The president of Congress, Davi Alcolumbre, stressed that the impacts of the measure “are incalculable”.

“How much more time does it take to take care of yourself and those you love? For millions of people who need to work six, sometimes seven days a week, the answer is simple, these things have no price, they have value.”

Alcolumbre added that it took “a lot of courage” to face an issue that “so many people would prefer to leave for later.”

“A subject that divides opinions, that affects working relationships and touches the lives of millions of families. When the subject is complex, the most comfortable is to leave it and not face it. But the Brazilian legislature chose the right way, not the easy way,” the president of the Senate said.

The mayor, Hugo Motta, said that the end of 6x1 reaches millions of Brazilians who “wake up before dawn, cross entire cities and devote much of their days to work.”

Motta added that the impacts of the change for micro and small businesses will be mitigated by the approval of the increase of the annual limit of MEIs from the current R$ 80,000 to R$ 110,000 in 2027 and R$ 140,000 in 2028.

“The text also allows the hiring of up to two employees per microentrepreneur, thus ensuring that MEI can have one employee more than what is currently allowed. After all, strengthening the MEI is strengthening millions of Brazilian families,” Motta said.

After the enactment, President Lula celebrated the measure and criticized the groups that attacked the PEC, claiming that it would break Brazil.

“I remember the 13th wage campaign in the early 1960s, it was the same thing: it’s going to break up companies! It's going to sink the companies! The whole world doesn't have that. It didn't break the companies. The concrete fact is that every time workers get a benefit, he lives a little longer, he has a little more pleasure in life,” he said.

Understand the new amendment

The amendment passed on Wednesday also provides for a gradual reduction of the working day from the current 44 hours to 40 hours per week, without wage reduction, within a 14-month transition period.

Born from pressure from the streets and responding to a historical demand from workers and unions, the proposal had the procedure completed on Wednesday (14) in the Senate, with 75 votes in favor against 1, from the former vice-president and senator Hamilton Mourão (Republicanos-RS).

Supported by the government, the vote also had support from the opposition, which was against the PEC and tried to prevent the vote this week. After the session was scheduled, however, the opposition released the bench, which voted for the end of 6x1.

The new rule establishes the obligation of two days of rest per week, in addition to reducing the working day from the current 44 hours to 40 hours per week. All this without a salary reduction.

The text allows, on the other hand, to compensate the Saturday or Sunday worked in the case of categories with special days. The number of paid leave, however, must be maintained at two per week, on average, compulsorily enjoyed in the same month.

The PEC also allows differentiated days for workers with a higher education diploma who currently receive equal or above R$ 21,188.87, provided that the 5x2 scale is maintained. In these cases, direct negotiation between employer and worker must define the duration of the work.

The proposal foresees that subsequent supplementary law may establish transitional measures to mitigate the impacts of reduced workdays for individual micro-entrepreneurs (MEIs), micro-enterprises and small businesses.

Transition

The implementation of the reduction of the journey from 44 to 40 hours will have a transition of up to 14 months. The exception is the outsourced workers of the public administration, who will have a differentiated transition rule.

For all other workers, companies will have to guarantee the 5x2 scale in up to 60 days, counted from today, as well as the reduction of the workday to 42 hours per week.

Twelve months after this first reduction, the journey drops to 40 hours.

In the interval between the second and 14th month after promulgation, the employer shall distribute, throughout the week, the two hours above the normal eight hours of service.

If divided equally, the employee will have to work 8 hours and 24 minutes on five days a week.

After the transition phase, all employees must work a maximum of eight hours a day and 40 hours a week on five days a week. To work more hours, you need to pay extra hours.

See the transition rules of the PEC that ends with the 6x1 scale:

scale of 5 working days with 2 days of rest (after 60 days);

Reduction of work from 44 hours to 42 hours per week (after 60 days)

42 hours to 40 hours per week, maintained on a 5x2 scale (in 14 months).

Collective agreements

The Constitutional Amendment also allows, exceptionally, and through a convention or collective labor agreement, that a compensatory regime be established that allows a scale different from 5x2.

In such cases, workers need to be compensated in the same “calendar month”, ensuring “the enjoyment of at least one of the days within the maximum period of a working week”.

In other words, a worker can still do the 6x1 scale, provided that it is provided for in a collective agreement. In this case, the extra working day will have to be compensated with a break within the same month. At the end of that month, he will have to have enjoyed, on average, the equivalent of two paid breaks per week.

In another paragraph, the Amendment allows that a later law may provide for different regimes for duration of work and days of rest, provided that the limits of 40 hours per week and two days of paid rest per week are respected.

Outsourced by the State

The companies that provide services to the State will have a period of 12 months after the promulgation of the amendment, and not 60 days like the others, to end the 6x1 scale of employees.

The new day will come into effect at the time of formalization of the addition of the contract of the companies with the Public Power. However, the contracts added after 60 days of the promulgation of the amendment will already have to observe the new working day instituted by the PEC.