The common workday is an essential element of the employment relationship that any hr needs to master. After all, this is a fundamental issue in any employee-worker relationship. However, there are still many confusions, especially because the legislation is quite extensive and complex. Therefore, we are going to answer some of the main questions that arise regarding the common working day. Do you want to help your company avoid labor problems and have a better relationship with your employees? Carry on with me! What is a common working day? Ordinary working hours is not just a term for “working time”, but a concept that has major contractual and therefore legal implications.
What is a common working day
In this sense, the clt defines the concept in its art. 4 , as: the period in which the worker is at the disposal of the employer, waiting or executing orders. Therefore, while the worker is carrying out his activities or even waiting for orders (either due to lack of work or another reason), he is counted as a working day . What art. 58 , it is defined that the “normal duration of work, for employees in any private activity, shall not exceed 8 hours a day, provided that no other limit is expressly established”. While workers with a working day of more than 6 hours are entitled to 1 hour of break during workdays , or lunch time. However, collective agreements and conventions may set this limit up to 2 hours.
What legislation is applicable
It is not always possible for the employee to stay at 8 am, there is often some urgent work that cannot be postponed, for example. In this way, the clt allows for overtime. However, overtime hours must be increased by 50% of the regular hourly rate. For example, if an employee earns brl 10.00/h, it means that his/her overtime will cost the company brl 15.00/h. On the other hand, the labor law allows the adoption of hourly compensation. That is, overtime is compensated by reducing the working day on another day. What other types of journeys are there? As said, the common working day is eight hours a day, but it is not the only one allowed by the clt.