A situation often occurs at work where the company ends up changing the employee's work schedule. In this way, many end up revolting and having little acceptance, as there is the question of “can the company really change the work schedule?”. Therefore, see how changes in the workday can be made, in compliance with Art.468 of the Consolidation of Labor Laws (CLT).
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What is a workday?
The definition of working hours is based on the time determined in the contract with the company, which, by obligation, must be fulfilled. Thus, the CLT defines that the maximum workload per day is 8 hours, with a total of 44 hours per week, as long as there is no other specific workload.
Thus, all hours must be described in detail in a document, which can be called a time sheet for this time control.
There is an employment contract
Firstly, it is important to emphasize that any employee who accepts to work in any company must agree to the terms and conditions provided for in an employment contract, as well as the working hours work.
However, it is possible for a change of schedules to occur when there is a mutual agreement between the parties involved. These conditions cannot result, directly or indirectly, in damages to the employee, as stated in Article 468 of the CLT.
text of the law
Art. 468 – In individual employment contracts, it is only lawful to change the respective conditions by mutual consent, and even then provided that they do not result, directly or indirectly, in damages to the employee, under penalty of nullity of the infringing clause of this guarantee.
Is there a possibility of dismissal?
In addition, it is also important to mention that there is indeed the possibility of dismissal of the employee, in case of non-agreement with the change in working hours. However, the only acceptable situation for the company to be able to carry out this dismissal is if it is making such a change for financial reasons.
For example, it will no longer need employees in a given period and therefore the change of schedules. Then, she can dismiss the employee who refuses to accept the change, but not for just cause.
For employees who have two jobs
There are situations in which the employee has two fixed jobs, and in this case the company cannot simply impose a change on him. If this happens, it will harm the employee and this is against the law. Therefore, there must be an agreement between the parties involved so that none of them leave at a loss.
