CLT compliance: the 6 rules every work schedule must respect
Published on · 8 min read
5x2, 6x1, 12x36, rotating or intermittent. The legal base is the same for all. Six universal rules. Each one breached generates overtime, indemnity or fine per employee per day, and liability piles up without showing in the monthly close. Retroactive recalculation, when it comes, is for 5 years.
1. 11h inter-shift rest (art. 66 CLT)
Between the end of a shift and the start of the next, at least 11 consecutive hours of rest. Applies to any schedule, even when the previous shift ended in overtime. Typical breach: informal shift swaps. Penalty: overtime with 50% surcharge on every suppressed hour, with reflexes on weekly rest, vacation, 13th salary and FGTS.
2. Weekly rest: 35h in practice (art. 67 CLT + Law 605/49)
Weekly rest is 24 consecutive hours, preferably on Sundays. Combined with the 11h inter-shift rule, effective weekly rest sums 35 consecutive hours. That is the audit-relevant number. Typical breach: scheduling an employee until 10pm Saturday and back at 8am Monday. Technically 34h, already breaching the extended weekly rest.
3. Intra-shift break (art. 71 CLT)
Shifts above 6 hours require minimum 1h and maximum 2h break (except a collective agreement reducing it to 30 minutes in some sectors). Shifts between 4 and 6 hours require 15 minutes. Total or partial suppression is indemnified as overtime on the suppressed time, with 50% surcharge, under art. 71 §4 after the 2017 Reform.
4. Sundays and holidays (Law 605/49 and CLT)
Sunday work requires rotating days off: within any 7 weeks, the employee must have at least one Sunday off (3 weeks for women, under art. 386 CLT, still in force for commercial employees). Holidays require double pay or a compensatory day off in a formal roster. Typical retail breach: not controlling the sequence of worked Sundays.
5. Daily and weekly limits
Standard shift of 8h/day and 44h/week (art. 7 Federal Constitution), with maximum 2h daily extension via agreement (art. 59 CLT). Annual hour bank allows compensation within 12 months. With PEC 221/2019, the weekly cap drops to 42h within 60 days of promulgation and to 40h within 14 months. Typical breach: habitual unrecorded extensions.
6. Night work (art. 73 CLT)
Between 10pm and 5am, reduced night hour (52'30") with minimum 20% surcharge over the daytime hour. In day/night rotation, the 11h inter-shift rest must be respected after the night shift too. Typical breach: inverted shifts without the surcharge or with full hour instead of the reduced one.
FAQ
What is the minimum rest between two workdays?
11 consecutive hours (art. 66 CLT). Applies to any schedule, even when the previous shift ended in overtime.
Why is the weekly rest effectively 35h and not 24h?
Because the 24h weekly rest sums with the 11h inter-shift rule, totaling 35 consecutive hours between the last shift before the day off and the first shift after it.
Can I suppress the intra-shift break with payment?
Only partially and with collective provision. Unauthorized total or partial suppression generates overtime indemnity on the suppressed time, with 50% surcharge, under art. 71 §4 CLT.
How many Sundays in a row can an employee work?
Maximum 6 weeks in a row. Within any 7 weeks, at least one Sunday off is mandatory. For women in commercial activities, the limit drops to 3 weeks (art. 386 CLT).
How does SYDLE ONE ensure compliance with these 6 rules?
The rules engine validates each roster before publication. If a rule is violated (inter-shift, weekly rest, intra-shift, Sunday sequence, weekly limit or night work), publication is blocked. Preventive audit, not corrective.
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