Senate passed measure 75-1; two paid days off need not fall on weekends
Brazil’s newly approved constitutional amendment reducing the workweek to five days creates a ‘superemployee’ legal category exempting university graduates earning more than 21,180 Brazilian reais (approximately $3,800) per month from time-tracking requirements, Folha do S. Paulo reported. The Senate approved the broader amendment 75-1 on Wednesday night, eleven days before the Oct. 25 presidential runoff between President Luiz Inácio Lula da Silva and opposition candidate Flávio Bolsonaro.
The Chamber of Deputies approved the measure in May, and Brazil’s Congress is scheduled to formally enact the amendment Tuesday. The reform, initially driven by a social media movement, became the centerpiece of Lula’s economic platform in his re-election campaign. The Senate had been expected to vote on the measure in November, but lawmakers from Lula’s governing coalition pushed through a special legislative schedule, moving the vote forward to secure passage Wednesday night in advance of the runoff.
The amendment replaces the traditional six-day workweek with a five-day schedule and two days off, gradually establishing a 40-hour weekly limit without reducing workers’ pay. Workers will be entitled to two paid days off each week, and according to Brazilian outlet G1, the days off will not necessarily fall on Saturdays and Sundays. Employers may adjust schedules according to their industry’s needs, with at least one day off preferably falling on Sunday.
The approved amendment also introduces a legal category known as the “superemployee,” designed to provide greater scheduling flexibility for highly paid professionals, according to Folha do S. Paulo. Employees with university degrees earning more than 21,180 Brazilian reais — approximately $3,800 per month — will retain their right to two days off each week but will no longer be required to record their starting and ending work times. Analysts told the paper that the provision gives employees in senior positions at large companies greater control over their schedules, addressing business concerns about the rigidity of the new rules.
National polls showed more than 70% support for the reform, putting pressure on opposition lawmakers ahead of the election. Flávio Bolsonaro initially called the proposal “populist” and warned that it could lead to widespread unemployment, but opposition lawmakers reversed course shortly before the vote as the measure gained broad public support. Right-wing senators ultimately voted almost unanimously in favor of the measure.
Bolsonaro justified the decision as a response to demands from working-class voters and, in announcing his change of position, also sought to address concerns among business leaders who opposed the reform. According to CNN Brasil, the opposition candidate said that if he wins the Oct. 25 runoff, he will use his congressional majority to amend the legislation in 2027 and compensate businesses through tax exemptions or government subsidies.