VMARSAN
    Work SchedulesLabor LawPEC 221/2019

    End of the 6x1 schedule and transition to 5x2: what changes in your operation

    Published on · 7 min read

    PEC 221/2019 was approved in second round by the Chamber of Deputies on 05/27/2026, but is still stuck at the Senate's Board of Directors and has not been promulgated. There is also a competing PEC under discussion. If promulgated as approved by the Chamber, the workweek drops from 44 to 40 hours over a 14-month transition, preserving regimes like 12x36 and essential sectors, provided that an agreement or convention ensures, on average, two rest days per week in the month.

    Legislative status (updated on 06/10/2026)

    PEC 221/2019 passed two rounds in the Chamber of Deputies on 05/27/2026 (symbolic vote in the second round, 348 in favor in the first). The text was sent to the Federal Senate, where it remains stuck at the Board of Directors, with no referral to the Constitutional Committee, and has not been promulgated. A competing PEC is in discussion. There is no regulatory deadline for the Senate to conclude the process. If promulgated, the effective dates are staggered: 42h within 60 days and 40h within 14 months.

    The coverage math: 1.17 becomes 1.40

    In 7-day operations, the coverage factor on 6x1 is 7÷6 = 1.17 employees per post. On 5x2 it rises to 7÷5 = 1.40. In practice, each 100 posts covered today will require between 117 (6x1) and 140 (5x2) FTEs just to maintain raw presence, without counting vacations (8.33%), absenteeism (2–6%) and leaves. Considering real shrinkage, the typical net delta in 24/7 operations is between 16% and 20% headcount.

    Collective clauses and active instruments

    Collective conventions and agreements with clauses incompatible with the new workweek (6x1 schedule, workweek above 42h or 40h depending on the stage) automatically expire on the deadlines. That means tacit extensions lose validity and renegotiations must happen within the regulatory window. Annual hour banks and compensation regimes under art. 59 CLT remain valid, provided they respect the new weekly cap.

    Where transition cost can be reduced

    Four proven paths: (1) 8h48 shift Monday to Friday, compatible with 42h and absorbing part of the cost; (2) annual hour bank (art. 59 §2 CLT) for seasonal valleys; (3) dedicated weekend crews on part-time hours; (4) sizing by real demand curve instead of averages, which usually captures 5–12% efficiency before any headcount expansion. Combining these four, the net impact tends to fall to 5–10% over 12 months.

    90-day transition plan

    Phase 1 (weeks 1 to 4): baseline. Mapping of current schedules, real hourly demand and labor cost per area. Phase 2 (weeks 5 to 8): simulation of 5x2, 8h48 and mixed-crew scenarios with defined KPIs (coverage, cost/h, SLA, satisfaction). Phase 3 (weeks 9 to 12): pilot in one unit or squad with weekly review and fine tuning. All modeled and auditable in SYDLE ONE.

    FAQ

    Is the 6x1 schedule already over?

    No. PEC 221/2019 was approved in the Chamber on 05/27/2026, but is stuck at the Senate's Board of Directors and has not been promulgated, with a competing PEC under discussion. Only after Senate approval and promulgation do the deadlines start counting (42h in 60 days, 40h in 14 months).

    How many more FTEs does 5x2 require versus 6x1?

    In 7-day operations, the coverage factor rises from 1.17 to 1.40, a gross delta of about 20%. Considering real shrinkage (vacations, absenteeism, training), the typical net impact in 24/7 operations is between 16% and 20% headcount.

    What is the impact on total labor cost?

    Between 8% and 15% on pure payroll, dropping to 5%–10% net with demand-driven sizing, 8h48 shift and hour bank. In commercial operations without weekend peaks, the impact may be close to zero.

    Can I migrate only part of the operation?

    Yes, and it is the recommended path. A 90-day pilot in one unit or squad before scaling avoids sizing errors contaminating the whole headcount.

    Are you in a healthcare operation? See our solution for healthcare.

    See the healthcare solution

    Want to see this transition's impact on your operation?

    Open the PEC simulator

    Want to apply this to your operation?

    Talk to VMARSAN about your operation's specific context.

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