Article 7

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Health and safety Maximum working hours, overtime, weekly rest and leave Minimum wage

Article 7 of the Federal Constitution enunciates the rights of urban and rural workers, which include:

  • nationally unified minimum monthly wage, established by law, capable of satisfying their basic living needs and those of their families;
  • irreducibility of wages, except when established in collective agreement or covenant;
  • wage protection, with felonious withholding of wages being a crime;
  • normal working hours not exceeding eight hours per day and forty-four hours per week;
  • a workday of six hours for work carried out in continuous shifts;
  • reduction of employment related risks by means of health, hygiene and safety rules;
  • occupational accident insurance, to be paid for by the employer, without excluding the employer’s liability for indemnity in the event of malice or fault;
  • legal action, with respect to credits arising from employment relationships;
  • prohibition of discrimination;
  • prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age, and of any work for minors under sixteen years of age, except as an apprentice, for minors above fourteen years of age.

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Article 7. The following are rights of urban and rural workers, among others that aim to improve their social conditions: (CA No. 20, 1998; CA No. 28, 2000; CA No. 53, 2006)
I – employment protected against arbitrary dismissal or against dismissal without just cause, in accordance with a supplementary law which shall establish severance-pay, among other rights;
II – unemployment insurance, in the event of involuntary unemployment;
III – severance-pay fund;
IV – nationally unified minimum monthly wage, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to use it as an index for any purpose;
V – a salary floor in proportion to the extent and complexity of the work;
VI – irreducibility of the wages, except when established in collective agreement or covenant;
VII – guarantee of wages never below the minimum one, for those receiving variable pay;
VIII– year-end one-salary bonus based on the full pay or on the amount of the pension;
IX – payrate for night-shift work higher than that for daytime work;
X – wage protection, as provided by law, with felonious withholding of wages being a crime;
XI – participation in the profits or results, independent of wages, and, exceptionally, participation in the management of the company, as defined by law;
XII – family allowance paid to each dependent of low-income workers, under the terms of the law;
XIII – normal working hours not exceeding eight hours per day and forty-four hours per week, with the option of compensating working hours and reducing the length of the workday through an agreement or a collective bargaining covenant;
XIV – a workday of six hours for work carried out in continuous shifts, unless otherwise established by collective bargaining;
XV – paid weekly leave, preferably on Sundays;
XVI–rate of pay for overtime at least fifty percent higher than that of normal work;
XVII – annual vacation with remuneration at least one third higher than the normal salary;
XVIII – maternity leave without loss of job and of salary, for a period of one hundred and twenty days;
XIX – paternity leave, under the terms established by law;
XX – protection of the labour market for women through specific incentives, as provided by law;
XXI – advance notice of dismissal in proportion to the length of service, of at least thirty days, as provided by law;
XXII – reduction of employment related risks by means of health, hygiene and safety rules;
XXIII – additional remuneration for strenuous, unhealthy or dangerous work, as established by law;
XXIV – retirement pension;
XXV – free assistance for children and dependents of up to five years of age, in day-care centres and pre-school facilities;
XXVI – recognition of collective bargaining agreements and covenants;
XXVII – protection on account of automation, as established by law;
XXVIII– occupational accident insurance, to be paid for by the employer, without excluding the employer’s liability for indemnity in the event of malice or fault;
XXIX – legal action, with respect to credits arising from employment relationships, with a limitation of five years for urban and rural workers, up to the limit of two years after the end of the employment contract;
a) (revoked);
b) (revoked);
XXX – prohibition of any difference in wages, in the performance of duties and in hiring criteria by reason of sex, age, colour or marital status;
XXXI – prohibition of any discrimination with respect to wages and hiring criteria of handicapped workers;
XXXII – prohibition of any distinction between manual, technical, and intellectual work or among the respective professionals;
XXXIII – prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age, and of any work for minors under sixteen years of age, except as an apprentice, for minors above fourteen years of age;
XXXIV – equal rights for workers with a permanent employment bond and for sporadic workers.       Sole paragraph. the category of domestic servants is ensured of the rights set forth in items IV, VI, VIII, XV, XVII, XVIII, XIX, XXI and XXIV, as well as of integration in the social security system.

Constitutional / 5 October 1988 / Brazil / Constitution of the Federative Republic of Brazil

The Brazilian Constitution states that human dignity (article 1(III) and the social function of labour (article 1(IV)) are two of the fundamental principles of the Federal Republic of Brazil.

Fundamental rights listed include the prohibition of inhuman or degrading treatment (article 5). The constitution also dictates that the economic order must be founded on the social value of labour in order to ensure social justice (art. 170). The constitutional rules relating to human slave labour have immediate application, regardless of subsequent regulations.