Acordo de Prorrogação de Horas Template for Brasil

An Acordo de Prorrogação de Horas is a legally binding agreement that allows employers and employees in Brazil to extend working hours beyond the standard limit. This document ensures compliance with Brazilian labor law while establishing clear terms for overtime work arrangements.

When do you need this document?

You need an Acordo de Prorrogação de Horas when your business requires employees to work beyond their regular eight-hour daily schedule or 44-hour weekly limit. This agreement is essential for companies experiencing seasonal demand increases, special projects requiring extended hours, or operational needs that demand flexible scheduling. Without this formal agreement, overtime work may violate CLT provisions and expose your company to labor violations. The document is also required when implementing a banco de horas system, allowing you to compensate overtime with time off rather than immediate payment.

Key legal considerations

The agreement must specify the maximum number of additional hours permitted, which cannot exceed two hours per day under normal circumstances. You must clearly define the overtime compensation rate, typically 50% above the regular hourly wage for the first two hours and 100% for work on Sundays and holidays. The document should establish whether overtime will be paid immediately or compensated through a banco de horas system within one year. Emergency situations allow for up to four additional hours daily, but these require specific justification and higher compensation rates. Both parties must sign the agreement voluntarily, and employees retain the right to refuse overtime work in non-emergency situations.

Legal requirements in Brasil

Under Brazilian law, specifically CLT Articles 59 and 61, overtime agreements must be in writing and signed by both parties. The Reforma Trabalhista of 2017 modified these requirements, allowing individual agreements for employees earning above certain thresholds. Your agreement must comply with Súmula 85 do TST regarding work schedule compensation and banco de horas regulations. The document must include complete identification of both parties, including CPF/CNPJ numbers, addresses, and job positions. Constitutional Article 7 establishes fundamental worker rights that cannot be waived, including maximum daily and weekly hour limits. Labor unions may need to participate in collective agreements for certain categories of workers, and some industries have specific regulations governing overtime work that must be incorporated into your agreement.