End of the 6x1 schedule: four critical points in the approved text

The text ending the 6x1 schedule (six days of work for one day off) offers no solutions and passes the problem on to companies. I have worked in labor and union relations for more than two decades; I analyzed the text approved by the Senate and identified four critical points.

1. The salary divisor was left unresolved

The amendment established that pay cannot be reduced, but it does not clarify the hourly divisor. Today the market works with 220 monthly hours (7.33 × 30). With a 40-hour weekly cap, will the divisor be 200 or 240 hours? Precedent from the Superior Labor Court (TST) points to preserving the original hourly rate based on article 64 of the CLT, which could automatically make payroll more expensive. Those who do not audit and restructure this base now will accumulate liabilities.

2. The jump in the cost of paid weekly rest

For those operating with variable pay, the change is significant. The text expressly requires two days of paid weekly rest, and the DSR fraction goes from 1/6 to 2/5. This creates a cascading effect on vacation pay, the 13th salary, charges and work on public holidays.

3. Sunday rest is still not mandatory

The text states that one of the days off will preferably fall on a Sunday. In other words, closing operations on Sunday is still not mandatory, unless required by a collective agreement. The strategy is to preserve the company's flexibility at the negotiating table.

4. The 6x2 schedule with accumulated days off

For continuous operations, § 2 allows a compensation regime that ensures an average of two days of rest per month, provided that the worker has at least one day off per week. This validates the 6x2 schedule, with the second weekly day off accumulated.

The law set the deadlines but did not deliver the formula. Preserving margins now depends on precise calculations and high-level collective bargaining.

Originally published in Portuguese on Diego Amâncio Dias's LinkedIn.