What changes in the working day with the labor reform?

The Law 13,467/2017, known as the labor reform law, brought many changes in labor relations. Among the most important points, we have change in the rules dealing with the working day, as follows:

12 x 36 Working Day (Article 59-A, of CLT)

With the reform, employers and employees are allowed to establish (through collective agreement or collective bargaining agreement) a twelve-hour working day followed by thirty-six hours of uninterrupted rest, observing or indemnifying rest and meal periods, except for companies and entities from health sector.

Health sector workers may sign an individual agreement with the employer to establish this type of workday.

It is noteworthy that the weekly maximum worked hours (44 hours) and monthly maximum worked hours (220 hours) remain the same.

Partial workday (Article 58-A, §§ 3 and 6, 59, § 4 and 143, § 3, of CLT)

Two options for part-time work were established:

a) duration not exceeding thirty (30) weekly hours, with no possibility for overtime, or,

b) duration does exceeding twenty-six (26) weekly hours, with possibility to add up to six (6) weekly extra-hours, paid by 50% from the hourly wage, with the option to convert 1/3 of vacation into cash payment.

Work break schedule (article 71, § 4 of the CLT)

Non-granting or partial granting a minimum work break schedule for rest and meal involves payment of an indemnity only for the suppressed period, increasing in 50% over the remuneration value for ordinary working hours.

It is important to emphasize that the collective agreement and the collective bargaining agreement prevails the law when it deals with work break schedule, respecting 30 minutes minimum limit for workdays longer than 6 hours.

Bank of Hours (Article 59-B, sole paragraph, of CLT)

The employer and employee, with the reform, may directly sign an individual agreement for bank of hours, with compensation of hours within a six-month maximum period.

The bank of hours agreed by collective bargaining agreement or collective labor agreement, with compensation of hours within a one-year maximum period, and respecting the weekly hours sum (44 hours) and daily maximum limit (10 hours).

The usual overtime does not detract from the workday and the bank of hour compensation.