Professional drivers in Brazil: working hours, waiting time, rest and drug testing (Law 13,103)

An employed professional driver — of trucks, buses and cargo or passenger transport — has an 8-hour working day, with up to 2 overtime hours (or up to 4 by collective agreement), mandatory working-time records and a minimum rest between shifts. In 2023, the Federal Supreme Court (STF) declared parts of Law 13,103/2015 unconstitutional, such as excluding waiting time from working hours and splitting rest periods.

Quick summary

• Hours: 8 hours a day, with up to 2 overtime hours (up to 4 by collective rule) — CLT, art. 235-C (the CLT is Brazil's Consolidated Labor Laws).
• Working-time control: mandatory, by logbook, time sheet or electronic means.
• Waiting time (loading, unloading, inspections): the STF ruled it is part of working hours (ADI 5322).
• Rest: 11 hours between shifts; the STF barred splitting it and accumulating weekly rest.
• Drug test: on hiring, periodically and on leaving (art. 168, §6).

What the STF decided in ADI 5322 (2023)

1. Waiting time cannot be excluded from working hours or paid only with a 30% indemnity.
2. The 11-hour rest between shifts cannot be split or taken while the vehicle is moving.
3. Weekly rest cannot be accumulated to be taken later.

As a result, periods parked waiting for loading or unloading count as work and may generate overtime.

Rights often disrespected

• 14- to 16-hour days paid with a fixed "daily rate" — see Lump-sum pay.
• No working-time control — see Time records.
• Meal breaks not taken — see Lunch break.
• Sleeping in the truck without adequate conditions.

How to gather evidence

1. Keep the logbook or photos of the entries.
2. Ask for the vehicle's tracker records (telematics).
3. Keep loading and unloading invoices with times.
4. Note waiting and driving hours.

Frequently asked questions

Do app drivers follow this law?

No. Law 13,103 covers employed drivers. For apps, see Do app drivers have an employment relationship?.

Does a positive drug test justify dismissal for cause?

Refusal or a positive result may have disciplinary consequences, depending on the law and the specific case.

Read more in this series

• Overtime: how to calculate it, limits and how to claim
• Rest between shifts: 11 hours off
• Pre-employment, periodic and exit medical exams
• Do app drivers have an employment relationship?
• Index: complete guide to labor rights