Brazilian law provides a framework for maximum working hours, with some flexibility allowed through collective bargaining agreements. Here's a breakdown of the key regulations:

Maximum Limits

• Daily: The maximum workday is eight hours by law.
• Weekly: The maximum workweek is 44 hours for those following a six-day schedule and 40 hours for a five-day schedule.

Exceptions: Certain professions may have different working hour limits established by law. For example, bank employees and telemarketing operators can only work a maximum of six hours per day.

Collective Bargaining Agreements

Collective bargaining agreements negotiated between labor unions and employers can establish different working hour arrangements, as long as they don't exceed the legal maximums. These agreements can, however, negotiate for fewer working hours per week.

Important Note: The Brazilian Labour Reform prohibited individual agreements that aimed to compensate working hours through a so-called "Hours Bank." This system previously required a collective bargaining agreement, and individual employee contracts are no longer valid for such arrangements.

In Brazil, any work performed beyond the legal limits established in your employment contract or the applicable collective bargaining agreement is considered overtime. The legal limits are as follows:

• Daily: Overtime starts after eight hours of work per day.
• Weekly: Overtime applies to hours exceeding 44 hours for a six-day workweek and 40 hours for a five-day workweek.

There are exceptions for specific professions that might have different working hour limits established by law.

Employers are required to compensate employees for overtime work at a premium rate. The minimum overtime pay is a minimum of 50% on top of the employee's regular hourly wage. Overtime pay is further amplified in certain situations, such as work on weekends or holidays, which triggers double pay. This means the employee receives their regular wage plus a 100% premium.

Collective bargaining agreements can establish alternative arrangements for overtime compensation. Instead of solely relying on monetary compensation, agreements can include provisions for time off in lieu of extended workdays. This could involve granting employees a longer weekend in exchange for working overtime during the week.

There's a restriction on the amount of daily overtime an employee can work. Employees cannot be required to work more than two hours of overtime per day. Working more than two hours of daily overtime might be permissible in emergencies, but a special agreement with the Ministry of Labor and Social Security is necessary.

Brazilian law protects employees from misclassification that could deny them overtime pay. Even for employees working outside the employer's premises, if the employer has any means to track their working hours, activities, and daily routine, they are entitled to overtime compensation.

Brazilian labor law mandates rest periods and breaks to ensure worker well-being and productivity. Here's a breakdown of these entitlements:

Daily Rest Periods

There are two key regulations regarding daily rest periods between working shifts:

• A minimum of eleven uninterrupted hours must separate the end of one workday and the beginning of the next. This ensures adequate recovery time for employees.

Meal Breaks

The entitlement to meal breaks depends on the length of the workday:

• Employees working more than six hours a day are entitled to a one-hour unpaid meal break. Employers must schedule this break within the workday.
• Employees working four to six hours are entitled to a minimum of a 15-minute break, although the specific timing might be flexible.

Weekly Rest Period

Brazilian law guarantees a mandatory weekly rest period:

• Every employee is entitled to at least 24 consecutive hours of rest per week. This rest period should ideally coincide, in whole or in part, with Sunday.
• In specific situations, like essential services or public necessity, employees might be required to work on their weekly rest day. However, they are entitled to compensation for such work.

Collective Bargaining Agreements

Collective bargaining agreements negotiated between labor unions and employers can influence break schedules:

• Agreements can establish break schedules that deviate from the standard 15-minute or 1-hour breaks, as long as they provide equivalent rest time.

Brazilian labor law recognizes the potential strain of night and weekend work, implementing regulations to protect worker well-being and ensure fair compensation.

Night shifts are generally considered work hours between 10 pm and 5 am. Specific regulations apply to these hours:

• Night shift workers are entitled to a shorter workday compared to the standard eight hours. The exact reduced duration might be established by collective bargaining agreements, but it cannot be less than seven hours.
• Overtime work performed during night shifts receives an additional premium on top of the standard overtime rate. This premium is typically 20% on top of the already increased 50% overtime pay for regular hours.
• Employers have a responsibility to consider the potential health risks associated with night work. This could involve measures like periodic health monitoring or providing ergonomic workstations to minimize discomfort.

Weekend work refers to work performed on Saturdays and Sundays. Here's what Brazilian law mandates for weekend work:

• Work performed on weekends triggers double pay for employees. This means the employee receives their regular wage plus a 100% premium.
• If weekend work necessitates canceling the usual weekly rest period, the employee must receive compensation in the form of time off in lieu or additional pay.
• Specific professions, like those in essential services or public safety, might be required to work weekends as part of their regular schedule. However, they are still entitled to the mandated double pay for the hours worked.
• Collective bargaining agreements can establish alternative arrangements for weekend work. For instance, an agreement might offer employees a longer weekday off in exchange for working a Saturday.