6×1 scale: a new era or risk for labor relations?

The Proposed Constitutional Amendment that puts an end to the 6×1 work schedule is not yet being processed in Congress, but has gained the spotlight in recent weeks, mainly with the debate on social media. For or against the measure — which reduces working hours from 44 to 36 hours per week — one question cannot go unanswered: what are labor relations like in this new model?

For the master in Social and Labor Relations Law, Washington Barbosa, the increase in cost is first on the list of attributes that the project brings.

“If I have a person who works 44 hours and is now going to work 36, of course there is a drastic reduction in their production capacity. And this will increase costs. The employer will have to hire more people and, by hiring more people to produce the same thing, he will have greater expenses.”

Either this value will be passed on to the consumer, or production will reduce, says the expert.

Life Beyond Work

Federal deputy Erika Hilton (PSOL-SP) is heading the PEC, which emerged through the Life Beyond Work (VAT) movement. According to the proposal, the work schedule should be 4×3 — 4 days of work for 3 days of rest.

The proposal needs the signature of 171 deputies to begin processing.

The PEC has been generating more controversy among sectors where there are opening hours on weekends, such as commercial workers, bars and restaurants, hotels, supermarkets, among other activities. Precisely the most important sector of the Brazilian economy, explains FAAP-SP economics professor, Sillas Sousa.

“Within the services sector, the most affected will be the commerce sector”, explains the professor. He uses as an example a shopping mall store that depends on employees every day to stay open.

“This store may remain open and it will need to hire one more person, which increases the cost. Or she may simply not agree and prefer to close the store on one of the days. If she closes the store on one of the days, all the sales she would make that day, she won’t make. The question remains: will she be able to sell what she doesn’t sell that day on other days?”

The economist does not answer, but says that trade representatives believe the answer to the question is no.

But it’s not just the commerce sector that is worried. “The healthcare sector, with its nurses, technicians and doctors — which cannot simply close — will have to hire more people.” Which should increase the cost for the entire sector, both public and private, explains Sillas Sousa.

Pejotization

The change could have a strong impact on labor rights in Brazil, which are historically protected by robust legislation. According to Washington Barbosa, the imposition of a journey of this nature can also strengthen another movement: that of pejotization.

“The employer seeks to avoid CLT hiring. He contracts as a legal entity, and thus, the worker will not have the right to anything — not even this day, and can write another day even longer than 44 hours — without the right to anything. No FGTS, prior notice, vacation.”

The Consolidation of Labor Laws (CLT) already establishes a limit for the weekly working day of 44 hours, with a minimum rest period of 24 consecutive hours. Although the CLT allows certain flexibility — such as alternative work schedules and hourly payment. But for Barbosa, the most drastic scenario for change, if the PEC is approved, would be the increase in informality and unemployment.

Furthermore, a change of this nature can also lead to a series of legal disputes, especially if there is no clear negotiation with unions and effective regulation of working hours.

By Brasil 61