Brazil's lower house has approved a constitutional amendment establishing a 40-hour, five-day workweek, a move that directly challenges the existing system of surplus extraction from labor. The amendment, which guarantees two consecutive 24-hour rest days each week, aims to end the six-day workweek for at least 37 million people without reducing their pay. This legislative action, while lauded by labor rights groups, has met with strong criticism from the business sector, which views any reduction in working hours without a corresponding cut in wages as a direct threat to their profit margins.
Currently, Brazilian workers are compelled to labor for five eight-hour days and an additional four hours on a sixth day, totaling 44 hours weekly. The proposed amendment seeks to reclaim four hours of labor time for workers, a significant shift in the balance of power between capital and labor. Paulo Pimenta, Brazil’s government whip in the lower house, articulated the class dimension of the current system, stating, “People who have this workweek from Monday to Saturday are the ones that have to work the hardest and are paid the least. We need to be brave and do justice.” This statement underscores the inherent inequality of the existing arrangement, where those who generate the most value are subjected to the most arduous conditions for the least compensation.
Capital's Resistance
The business sector's opposition to the amendment reveals its fundamental interest in maintaining and expanding the extraction of surplus value. Opposition lawmaker Kim Kataguiri, echoing the concerns of capital, stated, “I don’t care this is an election year. I think we need to be responsible. This will be a problem for many companies. We are doing this in a rush and workers should know they might end up worse than they are now if business leaders stop hiring.” This statement functions as a thinly veiled threat of capital flight or reduced investment, designed to intimidate lawmakers and workers alike, prioritizing corporate profits over the well-being of the working class. Business leaders and their political representatives had initially demanded a gradual implementation over 10 years, a clear attempt to delay any reduction in their ability to extract labor time. The 14-month adaptation period ultimately granted to businesses represents a concession to these demands, extending the period during which the current exploitative workweek can persist.
President Luiz Inácio Lula da Silva sponsored and promoted the amendment, which is widely popular ahead of presidential elections in October. While presented as a measure for "workers and families in Brazil" by Leo Prates, who drafted the amendment, such reforms within the existing system often serve to manage social contradictions and prevent more fundamental challenges to capital's dominance. The amendment's journey is not yet complete; it has been sent to the upper house, Brazil’s Senate, which has not set a date for its vote and retains the power to make changes before Lula’s final approval. This legislative uncertainty highlights the precarious nature of gains made within the state apparatus, which can be easily diluted or reversed.
The State's Role in Managing Contradictions
The state, far from being a neutral arbiter, plays a crucial role in mediating the ongoing class struggle. While the lower house's approval of the amendment appears to favor labor, the concessions made to the business sector, such as the 14-month adaptation period, demonstrate the state's function in preserving the overall stability of the capitalist system. Furthermore, the political landscape reveals direct attempts to undermine labor's position. Lula’s main rival in the election, Sen. Flávio Bolsonaro, advocates for replacing the current workweek system with a "more flexible payment-by-the-hour strategy." This proposal, popular primarily among some business leaders, represents a direct assault on fixed wages and worker protections, aiming to further atomize labor and intensify surplus extraction by allowing capital to pay only for exact hours worked, stripping away benefits and stability.
Regional Battle for Labor Time
The struggle over working hours is not unique to Brazil but reflects a broader regional battle between labor and capital. Other Latin American nations have recently seen similar legislative efforts. In February, Mexican lawmakers approved a proposal to trim the 48-hour workweek, with a gradual reduction to 40 hours by 2030. Chile, in 2023, passed its "40-Hour Law," which reduced its workweek to 40 hours as of last year, applying to all workers under Chile’s Labor Code without reducing pay. These instances demonstrate the potential for collective action and legislative pressure to secure gains for the working class, even within the confines of the capitalist state.
However, the fragility of such gains is starkly illustrated by Argentina. Under libertarian President Javier Milei, Argentina has bucked the trend, with a labor overhaul package passed earlier this year that extends the maximum workday from eight to 12 hours and scraps overtime pay. Argentine labor unions have explicitly stated that these measures favor companies over employees, representing a significant intensification of surplus extraction and a rollback of decades of labor struggle. This contrast underscores that any gains made through reform are temporary and reversible, subject to the shifting political and economic interests of the ruling class and the state apparatus that serves them.