Overtime and Break Laws in Brazil (2026)
Consolidação das Leis do Trabalho (CLT, Decreto-Lei 5.452/1943); Constituição Federal art. 7 (as amended by EC 141/2026) · Reviewed 2026-10 · Private-sector employees
Overtime
At least 1.5x for hours past 8 a day or past the weekly limit (44 hours until mid-December 2026, then 42, then 40).
Breaks and lunch
15-minute break when work passes 4 hours (up to 6). Over 6 hours, a 1 to 2 hour meal/rest break. Breaks are unpaid and not counted as work time.
Overtime in Brazil
- 1.5x pay for hours past 8 in a day.
- 1.5x pay for hours past 44 in a week.
- EC 141 of 16 Oct 2026 cuts the week with no pay cut: max 42 hours from 2 months after publication (about 16 Dec 2026) and 40 hours one year after that (about 16 Dec 2027). It also requires 2 paid weekly rest days from about 16 Dec 2026.
- Overtime is limited to 2 extra hours a day by individual or collective agreement (CLT art. 59).
- Banco de horas: no premium if hours are offset, up to 6 months by written individual agreement, up to 1 year by collective agreement (max 10 hours a day), or within the same month by tacit or written agreement.
- Night work (22:00 to 05:00) pays at least 20% extra and a night hour counts as 52.5 minutes.
- Excluded from hours rules: managers (cargos de gestão), external workers with no fixed schedule, teleworkers paid by output. EC 141 adds graduates earning 2.5x the RGPS benefit ceiling or more.
- Collective agreements can override the law on schedules and annual hours banks (CLT art. 611-A).
Averaging over a pay period: Allowed via banco de horas: 6 months by individual written agreement, 1 year by collective agreement
What two weeks of work come to
Worked out by the rule above (1.5x after 44h in a week, 1.5x after 8h in a day). Hours.
| Two weeks of | Regular | Overtime (1.5x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 80 | 20 |
| 6 days of 9 hours, two weeks (108h) | 88 | 20 |
| 50 hours, then 30 hours (80h) | 70 | 10 |
Breaks and lunch in Brazil
- Rest break: 1 × 15 minutes, unpaid, for shifts of 4 hours or more.
- Meal break: 1 × 60 minutes, unpaid, for shifts of 6 hours or more.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | 1 × 15 min, unpaid | None |
| 6 hours | 1 × 15 min, unpaid | 1 × 60 min, unpaid |
| 8 hours | 1 × 15 min, unpaid | 1 × 60 min, unpaid |
| 10 hours | 1 × 15 min, unpaid | 1 × 60 min, unpaid |
| 12 hours | 1 × 15 min, unpaid | 1 × 60 min, unpaid |
- A collective agreement can reduce the over-6-hour break to 30 minutes minimum (CLT art. 611-A).
- If the break is skipped or cut, the employer pays only the missing time plus 50% (art. 71 §4).
- At least 11 consecutive hours between shifts. Weekly rest of 24 consecutive hours, preferably Sunday (2 days from about 16 Dec 2026 under EC 141).
Pay by Brazil rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Brazil: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in Brazil?
At least 1.5x for hours past 8 a day or past the weekly limit (44 hours until mid-December 2026, then 42, then 40).
Can overtime be averaged over two weeks or a pay period in Brazil?
Allowed via banco de horas: 6 months by individual written agreement, 1 year by collective agreement
What breaks are required in Brazil?
15-minute break when work passes 4 hours (up to 6). Over 6 hours, a 1 to 2 hour meal/rest break. Breaks are unpaid and not counted as work time.