Currently, one of the most important debates in the global labor market is the four-day week, with companies in some countries already adopting the model as definitive. In Brazil, a pilot project is underway with 20 Brazilian companies, which began in September and is expected to end in the last month of this year. However, in the event of adherence to the model in 2024, what would be the legal implications of this trend in the country?
First of all, it’s important to clarify that the idea of implementing the 4-day working day is not simply to reduce working hours and pay. In this case, the 100x80x100 concept is adopted, i.e. 100% productivity, 80% working hours and 100% salary. Thus, the aim is to provide an additional day of rest, while maintaining productivity and delivery by the workers.
However, current legislation does not yet specifically address the 4-day working day. There is only mention of art. 58-A in the Consolidation of Labor Laws (CLT), which regulates part-time work, which is work that cannot exceed thirty hours per week, without the possibility of additional hours per week, or work that does not exceed twenty-six hours per week, with the possibility of adding up to six additional hours per week.
So, if a company decided to implement a four-day working week, its working hours would be reduced from 44 hours to 32 hours a week. In this way, the employee will be paid overtime from the 32nd hour of work and no longer from the 44th. What’s more, it will not lead to a reduction in workers’ salaries. We therefore note that institutions that do not follow these measures could face future legal implications.
For a company to be able to implement a 4-day working week without infringing labor legislation, since Brazil does not yet have specific legislation for a four-day working week, it is advisable to contact the workers’ union to reach an agreement detailing the project in order to avoid any future risks.
One of the expectations with this new working week is to give workers a better quality of life and physical and mental well-being, which would have an extremely positive impact on health and safety at work.
If a company decides to implement this new model, it will be necessary to make changes to employees’ employment contracts to include the four-day week, with 8 hours a day and 32 hours a week, as well as the consequent change in the value of the hour worked without a reduction in salary.
We should therefore monitor the companies that have started testing the model to check its applicability, acceptance and the reaction of the courts to any labor claims.
