Negotiated over legislated in Brazil: what collective agreements can change

Since the 2017 reform, company and collective agreements prevail over the law on many topics, such as time banks, lunch breaks, swapping holidays and career plans (CLT, art. 611-A). In 2022, Brazil's Supreme Court (STF) confirmed the rule in Theme 1046, with one limit: negotiation cannot remove absolutely unavailable rights, such as those listed in art. 611-B.

Quick summary

• Negotiable: working hours within constitutional limits, annual time bank, a break of at least 30 minutes, remote work, on-call time, swapping holiday dates, profit sharing and classification of unhealthy conditions.
• Cannot be reduced: minimum wage, FGTS, 13th salary, vacation plus 1/3, maternity leave, health and safety standards, among others (art. 611-B).
• STF rule: the negotiated terms prevail, except for absolutely unavailable rights.
• Trade-off: the law does not require an express trade-off for each reduction (art. 611-A, § 2).

What Theme 1046 decided

In ARE 1,121,633, the STF held that collective agreements limiting or removing labor rights are constitutional, regardless of compensatory advantages, as long as absolutely unavailable rights are respected. In practice, collective clauses gained more weight in court.

How this affects you

1. Read your category's agreement: it may set rules on hours and breaks different from the CLT.
2. Check the term: clauses apply until the agreement ends, with no automatic extension.
3. Challenge clauses that breach art. 611-B: for example, reducing FGTS or waiving protective equipment.

Frequently asked questions

Can a collective agreement shorten my lunch break?

Yes, to at least 30 minutes for workdays over 6 hours (art. 611-A, III).

Can the agreement abolish FGTS or the 13th salary?

No. These rights are in art. 611-B and cannot be removed or reduced.

Does an individual agreement count like a collective one?

No. Only a "hypersufficient" employee (with a university degree and a salary above twice the INSS ceiling) can individually negotiate art. 611-A topics.

Read more in this series

• Collective agreements: how to find yours
• Lunch break rules
• Time bank rules
• Index: complete guide to labor rights

Topic: this guide is part of Labor Courts, complaints and free legal help, with all the guides on the subject.