/ 40-hour law enters into force: keys to its correct application
April 19, 2024The new law will have a gradual implementation. The first milestone will occur on April 26, with the reduction of the working day to 44 hours per week. The standard provides a period of up to 5 years to comply with this new change, but those companies that wish to reduce their working hours can do so.
The new law 21,561, published on April 26, 2023, reduces the working day from 45 hours per week to 40. If today a worker comes in at 9 in the morning and leaves at 6, including his lunch hour, in 5 In more years his workday will be from 9 to 5.
The implementation of this measure must be gradual. Upon completion of the first year of its publication, the working day must be reduced to 44 hours per week, that is, considering the previous example, the worker will be able to leave on Fridays at 5. After three years, that is, April 2026, the working day It must be reduced to 42 hours, being able to leave on Friday at 4 and have two other days when it leaves at 5. Already in 2029, the working day will be 40 hours.
The new law not only reduces the number of hours that must be worked per week. It also includes other measures.
Special regimes
Time bands for parents
These are co-responsibility mechanisms, which allow differentiated entry and exit, so that mothers, fathers and caregivers of children under 12 years of age can anticipate or delay the start and/or exit from work. This is to better reconcile school schedules with work days.
Article 22
The exclusion of working hours from article 22, paragraph 2, of the Labor Code is restricted only to managers, administrators, representatives with administrative powers and workers without immediate superior supervision. People with a moderate schedule per article 22 may average the day. There will be the possibility of agreeing with the worker that the ordinary 40-hour workday be completed over an average of up to four weeks, with a maximum limit of 45 hours per week. The 40 hours cannot be exceeded for more than two weeks and, with this, the average of 40 hours per week will be respected. If the worker is unionized, prior agreement with the union will be required.
Extra vacation days
If people accumulate overtime, they can exchange them for up to 5 extra days of vacation per year.
Private home workers
The working day is reduced and 12 hours of rest must be ensured for people who work indoors. In addition, they must have two two-day weekends off per additional month. These days may be accumulated, upon prior agreement, up to a period of three months, guaranteeing effective rest time.
Mining
Mining tends to have 7×7, 14×14 and the most traditional, 4×3 type of workdays. This last case would not have modifications. The first two will have compensation with additional annual rest days, counting those overtime hours at 40 hours per week.
SME
Sence will be supporting SMEs with specific support actions for correct implementation of the standard.
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The new law will have a gradual implementation. The first milestone will occur on April 26, with the reduction of the working day to 44 hours per week. The standard […]