CLT compliance: the 6 rules every work schedule must respect
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.
3. Intra-shift break (art. 71 CLT)
Shifts above 6 hours require minimum 1h and maximum 2h break. Shifts between 4 and 6 hours require 15 minutes. Total or partial suppression is indemnified as overtime on the suppressed time, with 50% surcharge.
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. Holidays require double pay or a compensatory day off in a formal roster.
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.
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.
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Talk to a specialistFrequently asked questions
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.