Constitutional Amendment 141 takes effect in mid-December, and collective bargaining will be central to the adaptation process.
The amendment applies to existing contracts, makes no exceptions by sector, and renders collective bargaining clauses incompatible with the new rules null and void. The Supreme Federal Court’s (STF) ruling validating the use of the divisor 220 for a 40-hour workweek – to be aligned with the provisions of Constitutional Amendment 141 – requires caution and collective bargaining.
To avoid risks, it is recommended to:
1.Map out work schedules, collective bargaining agreements, and collective agreements;
2. Simulate cost scenarios (hiring, overtime, compensation); and
3. Initiate negotiations before December 16, 2026.
The ability of labor unions to act on behalf of even a single worker without prior authorization increases the likelihood of claims regarding compliance with provisions on working hours, holidays, and compensation.
Legal certainty depends on planning and documentation completed before Constitutional Amendment 141 takes effect. Those who map out scenarios, renegotiate in a timely manner, and review their contracts will reach the end of December with more options and less exposure.
