Maximum working hours, overtime, weekly rest and leave
Article 58 sets the normal daily work hours of workers at 8 hours per day. Under Article 59, the normal daily working hours may be increased by up to 2 hours of overtime, by written agreement between employer and employee, or by collective labour agreement. As per Article 61, in the face of an urgent need, the working hours may exceed the legal or agreed limit, in order to address a situation of force majeure, to conduct or complete urgent services or services whose nonperformance may result in manifest loss.
Article 66 also sets out mandatory rest hours of 11 hours between two working days. Furthermore, under Article 67, every employee has the right to a weekly rest of 24 consecutive hours.
Employees who undertake activity incompatible with fixing working hours -provided that such condition is duly noted and recorded- managers, as well employees with management positions, directors and heads of department or branch are not covered by the working hours arrangements and limitations provided in Articles 58 and following (Article 62). For this reason, these types of employees shall also be remunerated accordingly, with functional bonuses.
Article 58 – The normal hours of work for employees in any private activity, shall not exceed eight (8) hours a day, unless another limit is explicitly set.
Article 66 – Between two (2) working days there shall be a minimum of eleven (11) consecutive hours of rest.
Article 67 – Every employee shall be granted a weekly rest of 24 (twenty four) consecutive hours, which, except for reasons of public convenience or imperious need of the service, should coincide with Sunday, in whole or in part.
Article 71 – In any continuous work period of more than six (6) hours, the employer is obliged to grant a break for rest or alimentation, which shall last at least one (1) hour and, unless there is a written agreement or collective agreement setting forth the contrary, may not exceed two (2) hours.
Law / 1 May 1943 / Brazil / Consolidated Labour Laws — Approved by Legislative Decree No. 5,452 of May 1, 1943
The main purpose of the Consolidation of the Labour Laws is the regulation of individual and collective labour relations.
Since originally coming into force, the Consolidation of Labour Laws has been amended on a number of occasions. It is the main instrument for the regulation of labour relations and for the protection of workers in Brazil.
The Consolidation covers a number of key topics:
(i) Registration of workers / working papers;
(ii) Working hours;
(iii) Rest time;
(v) Occupational medicine;
(vi) Special categories of workers;
(vii) Labour protections for women;
(viii) Individual labour agreements;
(x) Collective agreements;
(xii) Labor courts and labour legal procedures.