The clarification is made by the lawyer Dantas Rodrigues, in the section "Work and taxes (un)complicated" of the News Minute, about work, personal finance, and taxes and explains that, according to the law, shift work is defined by the company.
First, the lawyer explains, "different shifts of workers must be organized whenever the operating period of a certain company or activity exceeds the maximum limits of the normal working period."
From there, in the organization of shifts, "they are established or decided by the employer, but, as a rule, shifts should be organized according to the interests and preferences expressed by the workers".
In addition, and to ensure some stability of schedules, the worker can only request to change shifts after the weekly rest day. Therefore, each week, the worker does the same shift and only changes schedules if they have taken at least one day off.
Note that the extra compensation for shift work can be considered a subsidy if one of the shifts coincides with the night shift (fully or partially).
"According to the law, night work is paid with a 25 percent (%) increase relative to the payment for equivalent work performed during the day. This 25% increase may be replaced by a Collective Labor Regulation Instrument (IRCT), by an equivalent reduction of the normal working period, or by a fixed increase in the base remuneration, provided that it does not result in less favorable treatment for the worker," concludes Dantas Rodrigues.
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