The PEC (proposed amendment to the Constitution) for the end of the 6x1 scale advanced in the Senate, with approval in two rounds in the Senate on Wednesday night (14). The measure will not be sanctioned by the President of the Republic, Luiz Inácio Lula da Silva (PT), as is the case with ordinary laws.
This is because proposed amendments to the Constitution are promulgated by the president of the National Congress, in this case, senator Davi Alcolumbre (União-AP).
The project, which creates a 5x2 scale, with two days off per week — one of which is preferably on Sundays — will come into effect 60 days after it is enacted and published. The promulgation session has yet to be scheduled.
The reduction in working hours will not be immediate. There will be a transition period, as requested by productive sectors of society.
Initially, the weekly working hours will fall from 44 hours to 42 hours per week, and the 5x2 scale will be implemented, without salary reduction. After 12 months, the working day will be reduced from 42 hours per week to 40 hours.
Collective labor agreements and conventions may provide for different rules for working hours and shifts, as long as the weekly and daily limits provided for in the Constitution are respected. These instruments will have to be reviewed, because articles dealing with the old journey will expire within 60 days.
Furthermore, a complementary law may establish compensation measures for MEIs (individual micro-entrepreneurs) and small businesses, as requested by businesspeople and parliamentarians.
During the transition period, the 42 hours may be spread over five working days. With this, it will be possible to organize working hours of up to ten hours a day without paying overtime, as long as the weekly total is respected.
I work on Sundays and holidays
Categories that are authorized by law to work on Sundays and holidays because they are considered essential continue with this authorization, such as commerce, services, cleaning, health and communication. However, it will be necessary to guarantee two days off per week.
The legislation allows collective agreements and conventions to provide for the form of compensation, if compensatory time off is not given. It is possible that there will be a bank of hours, to be taken within the specific deadline set out in the law, or paid as overtime.
In the session approving the proposal, the president of the House, Davi Alcolumbre (União Brasil-AP), stated that the discussion requires courage and that parliamentarians need to consider both workers and employers.
Alcolumbre read a speech before the start of voting on PEC 221, in which he highlighted the change that the end of the scale will bring to the lives of "millions of workers."
"An issue of this dimension requires courage to face challenges, responsibility to evaluate its effects and republican willingness to build paths."
Senator Paulo Paim (PT-RS) was the first to speak at the voting session at the end of the 6x1 scale. He became emotional when recalling previous struggles to reduce working hours, cited songs and paid tribute to abolitionist writers in a comparison between the Lei Áurea, which extinguished slavery, and the end of the 44-hour week.
"I won't remember the slavers, but I remember the abolitionists. Writers like Joaquim Nabuco, André Rebouças, Luís Gama Castro Alves, Maria Firmino dos Reis and Machado de Assis, who, before the Golden Law, fought a debate against slavery", stated the senator.
During the speeches, senator Eduardo Braga (MDB-AM) defended the reduction of working hours and stated that rest can improve productivity. He also acknowledged the concerns of small traders about the change. "What we cannot do is use the solution to deny the general rule of the end of the 6x1 scale," he said.
Senator Randolfe Rodrigues (PT-AP) dealt with issues of color and race linked to the functioning of the 6x1 scale. "The 6x1 scale, first of all, is racist. Of the Brazilian workers who suffer most from six days of work and only one day off, they are black men. 36.7% of workers working more than 44 hours are black men, compared to 32.4% of the employed population of white men," he said.
Senator Nelsinho Trad (PSD-MS), an occupational physician, defended the reduction in working hours, but highlighted concerns about regulation and the economic effects of the change. He said he wants complementary rules that respect the particularities of each activity, measures to support small businesses and an assessment of the impacts on municipalities.
Senator Damares Alves (Republicanos-DF) stated that conservative parliamentarians support the end of the 6x1 scale and said that there is concern among workers about the possibility of losing their jobs and among businesspeople about the closure of small businesses. "Although some think that we, conservatives, would vote against the worker, we know the reality of the Brazilian people."
