Consolidação das Leis do Trabalho – CLT Art 62 a 75

Article 62 – Not covered by the scheme
provided for in this chapter: 8,966 of 12.27.1994) I – employees who perform external activities
incompatible with time setting such condition should be noted
in the Work Portfolio and Social Security and in the employee register; (Included by
Law 8,966, 12.27.1994) II – the managers, thus considered the exercisers
management positions to which they are for the purposes of this article, the directors
and department or branch heads. (Included 8,966 of 12.27.1994) III – employees in teleworking regime.
(Included by Law No. 13,467 of 2017) (Duration) Sole Paragraph – The regime provided for in this
Chapter shall apply to employees mentioned in item II of this article, when
the salary of the position of trust, comprising the function bonus, if any, is
less than the value of the respective effective salary plus 40% (forty percent). (Included
8,966 of 12.27.1994) Article 63 – There will be no distinction between employees
and stakeholders, and profit sharing and commissions, except for profits of a character
does not exclude the participant from the scheme of this chapter. Article 64 – The normal hourly wage, in this case
monthly employee, will be obtained by dividing the monthly salary corresponding to the duration
of work, referred to in art. 58 by 30 (thirty) times the number of hours of this
duration. Sole Paragraph – Being the number of days
less than 30 (thirty), shall be adopted to the calculation, instead of that number, the days
of work per month. Art. 65 – In the case of the day laborer, the
normal hourly wage will be obtained by dividing the daily wage corresponding to the duration
of work, established in art. 58 at number of hours of actual work. SECTION III REST PERIODS Art. 66 – Between 2 (two) workdays
there will be a minimum period of 11 (eleven) hours consecutive rest periods. Article 67 – It will be assured to every employee
a weekly break of 24 (twenty four) consecutive hours which, unless otherwise
public convenience or overriding necessity should coincide with Sunday,
in whole or in part. Sole Paragraph – In Services Requiring
work on Sundays except for to theatrical castings, scale will be established
relay, monthly organized and consisting of framework subject to supervision. Art. 68 – The work on Sunday, be total
or partial, in the form of art. 67, will always be subject to the prior permission of the competent
competent in matters of employment. Sole Paragraph – Permission will be granted
on a permanent basis in activities which, for nature or for public convenience,
should be exercised on Sundays. to the Minister of Labor, Industry and Trade,
issue instructions specifying such activities. In all other cases, it will be
given in a transitional form with discrimination authorized period, which each time
shall not exceed 60 (sixty) days. Article 69 – In the regulation of the operation
activities subject to the regime of this Chapter, municipalities will comply with the precepts
laid down, and the rules which they may lay down shall not contradict such precepts or
the instructions which, for its fulfillment, issued by the competent authorities
in the field of work. Article 70 – Except as provided in Articles 68
and 69, working on public holidays is prohibited national and religious holidays, we have
own legislation. (Wording given Decree-Law No. 229 of 28.2.1967) Article 71 – In any continuous work,
whose duration exceeds 6 (six) hours, is the granting of a break
for rest or food which will be at least one (1) hour and, unless otherwise agreed
written or collective agreement to the contrary, may not exceed 2 (two) hours. Paragraph 1 – Not exceeding 6 (six) hours
work, however, will be mandatory an interval of fifteen (15) minutes when
the duration exceeds 4 (four) hours. Paragraph 2 – The rest intervals shall not be
computed during working time. Paragraph 3 The minimum limit of one hour for rest
or meal may be reduced by act of the Minister of Labor, Industry and Trade,
when heard the Food Service Social Security, if it turns out that the
establishment fully meets the requirements concerning the organization of the cafeterias,
and when the respective employees are not under extended working hours
supplementary. Paragraph 4. The non-concession or partial concession
minimum intra-day interval for rest and food, to urban and rural employees,
implies payment, of an indemnity nature, only from the deleted period, with an increase
50% (fifty percent) on the value of the remuneration of normal working hours.
(Wording given by Law No. 13,467 of 2017) (Validity) Paragraph 5. The interval expressed in the caput may
be reduced and / or fractionated, and that established paragraph 1 may be fractionated, when understood
between the end of the first hour worked and the beginning of the last hour worked since
that provided for in a collective agreement or agreement the nature of the service and
due to special working conditions to which drivers are strictly subjected,
collectors, field surveillance and the like in road vehicle operation services,
employees in the public transport sector passenger service, the remuneration and
shorter rest intervals at the end of each trip. (Wording given by
Law No. 13,103 of 2015) (Term) Art. 72 – In the permanent services of mechanography
(typing, bookkeeping or calculation), every ninety (90) minute period of
consecutive work will correspond to a rest 10 (ten) minutes not deducted from the duration
normal work. SECTION IV OF NIGHT WORK Art. 73. Except in cases of weekly relay
biweekly, night work will be than the daytime and for that purpose
your remuneration will be increased by 20 % (twenty percent) at least over the hour
daytime (Wording given by Decree-Law no. 9,666, 1946) § 1º The time of night work will be computed
like 52 minutes and 30 seconds. (Essay given by Decree-Law No. 9,666 of 1946) Paragraph 2 – For the purposes of
In this article, the work performed between 22 hours a day and 5 hours the next.
(Wording given by Decree-Law No. 9,666, from 1946) Paragraph 3. The addition referred to in the present
in the case of companies that do not maintain, by the nature of their activities,
usual night work will be done taking in view of the amounts paid for work
daytime activities of a similar nature. Regarding companies whose night work results from
the nature of their activities, the increase will be calculated on the general minimum wage
in force in the region and is not due when exceed that limit, plus the percentage.
(Wording given by Decree-Law No. 9,666, from 1946) Paragraph 4. The extensions of night work
The provisions of this chapter apply. § 4º In mixed times, as understood
those covering day and night periods, applies to night work hours the
this article and its paragraphs. (Wording given by Decree-Law No. 9,666,
from 1946) Paragraph 5. The extensions of night work
The provisions of this chapter apply. (Included Decree-Law No. 9,666 of 1946) SECTION V OF TIME TABLE Art. 74. The work schedule will be noted
in employee registration. (Wording given Law No. 13,874 of 2019) Paragraph 1 (Repealed). (Wording given by Law
No. 13,874 of 2019) Paragraph 2 For establishments with more than
20 (twenty) workers will be compulsory the entry and exit time notation,
manual, mechanical or electronic recording, according to instructions issued by the Secretariat
Ministry of Social Security and Labor of Economics, pre-marking allowed
of the rest period. (Wording given by Law No. 13,874, of 2019) Paragraph 3. If work is performed outside the
establishment, the hours of the employees be recorded in the manual, mechanical or
in their possession, without prejudice to which provides the caput of this article. (Essay
given by Law 13,874 of 2019) Paragraph 4 The use of registration is allowed
of point except for the regular journey by written individual agreement,
collective agreement or collective agreement job. (Included by Law No. 13,874,
from 2019) SECTION VI PENALTIES Article 75 – Violators of the provisions of
present Chapter shall incur the fine of fifty to five thousand cruises, according to
nature of the infringement, its extent and the intention of the practitioner, applied in
double in the case of recidivism and opposition supervision or disregard for the authority. Sole Paragraph – They are competent to
impose penalties in the Federal District, first instance authority of the Department
Labor and, in the States and in the Territory Acre, the regional authorities of the Ministry of
Labor, Industry and Trade.

Stephen Childs

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