Termo Aditivo de Contrato de Trabalho Mudança de Horário Template for Brasil

O Termo Aditivo de Contrato de Trabalho Mudança de Horário é um documento essencial para formalizar alterações na jornada de trabalho de forma legal e transparente. Este aditivo contratual permite que empregadores e empregados ajustem horários de trabalho conforme necessidades operacionais ou pessoais, sempre respeitando os direitos trabalhistas e a legislação brasileira.

When do you need this document?

You need this addendum whenever there's a need to change an employee's work schedule from what was originally agreed in the employment contract. This includes situations where a company needs to adjust shifts due to increased demand, when an employee requests different hours for personal reasons, or when operational changes require schedule modifications. The document is also necessary when transitioning employees between day and night shifts, changing from full-time to part-time schedules, or adjusting work hours to comply with new business requirements. Any modification to the original work schedule established in the employment contract requires this formal addendum to ensure legal compliance.

Key legal considerations

Several critical legal aspects must be carefully considered when drafting this addendum. First, any schedule change must be made by mutual consent between employer and employee, as mandated by Article 468 of the CLT. The modification cannot result in any harm or reduction of benefits to the employee. If the new schedule involves night work, additional compensation may be required according to CLT provisions. You must also consider the impact on overtime calculations, meal breaks, and rest periods. The addendum should clearly specify the old schedule and the new one, including start times, end times, and break periods. It's essential to maintain all other contractual terms unchanged unless specifically modified. Additionally, you should document the reasons for the change and ensure the new schedule complies with maximum working hour limits established by Brazilian labor law.

Legal requirements in Brasil

Under Brazilian labor law, this document must comply with strict requirements established by the CLT and Law 13.467/2017 (Labor Reform). The addendum must contain complete identification of both parties, including full names, addresses, CPF/CNPJ numbers, and the employee's position. It should reference the original employment contract and specify exactly what aspects of the work schedule are being modified. The document must cite the relevant legal foundation, particularly Article 468 of the CLT and applicable provisions of the Labor Reform. You must ensure the new schedule respects the maximum 8-hour daily and 44-hour weekly limits, unless compensatory time arrangements are established. The addendum requires signatures from both parties and should be registered with the employee's work record. Additionally, if the change involves night work or affects additional compensation, specific calculations and legal references must be included to ensure compliance with TST Precedent 265 and other relevant jurisprudence.