Rotating shifts in Brazil: the 6-hour workday rule

Workers on uninterrupted rotating shifts, with hours alternating between morning, afternoon and night, are entitled to a 6-hour workday (Constitution, art. 7, XIV). The day can be up to 8 hours under a collective agreement, in which case the 7th and 8th hours are not paid as overtime (TST Precedent 423).

Quick summary

• Rule: 6 hours a day on alternating shifts.
• With a collective agreement: up to 8 hours, with no overtime for the 7th and 8th.
• Without an agreement and working 8 hours: the 7th and 8th hours are overtime, at a 50% premium.
• Breaks: do not remove the rotating-shift status (Precedent 360).
• Night premium: due for hours worked at night.

What makes it a rotating shift

1. The company runs non-stop, or on several shifts.
2. The employee alternates between shifts, covering different parts of the day over weeks or months.
3. Alternating between two shifts that partly cover day and night is enough.

A fixed shift, always at the same time, is not rotating.

Why the workday is shorter

Alternating hours harms sleep, eating and family life. That is why the Constitution shortened the workday. The exception depends on negotiation with the union, and the agreement must be valid for the period.

Frequently asked questions

I work 8 hours on rotating shifts. Am I owed overtime?

If no company or collective agreement authorizes 8 hours, yes: the 7th and 8th hours are overtime.

Does the lunch break remove the right to 6 hours?

No. TST Precedent 360 says breaks do not change the rotating-shift status.

Is a fixed night shift a rotating shift?

No. Someone always working the same hours is not on rotating shifts, but is entitled to the night premium.

Calculate: use the Overtime calculator — free, no registration.

Read more in this series

• Overtime: how to calculate and claim it
• Night shift premium
• 12x36 shift schedule
• Index: complete guide to labor rights

Topic: this guide is part of Working hours, with all the guides on the subject.