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See the rights of those who work at night 12×36

The 12×36 journey is quite common in several categories. Because it is a somewhat different work model, some doubts may arise regarding the rights and benefits of workers, so let’s clarify some points regarding this category of journey.

What this article covers:

What is the 12×36 workday?

The 12×36 shift is common for those working in surveillance companies, hospitals and other sectors where work is required 24 hours a day. In this journey, the employee works for 12 hours and rests for 36 hours after the shift, accounting for 44 hours a week.

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Despite escaping from the traditional rules of the CLT, the 12×36 workday is allowed by law, due to the labor reform carried out in 2017. Before the reform, it was necessary to make collective agreements, which made it difficult for the company and made this journey unusual, but today it is already possible to make individual agreements, provided for in article 59-A.

The main benefit for the employer is to allow more flexibility in organizing the staff according to the needs of the company. However, there are disadvantages for those who work in this model.

Disadvantages

Despite being preferable for some employees, specialists in the health area claim that such a heavy workload can harm the emotional health of the worker.

It is necessary to provide ways to preserve the well-being of the employee, since many health problems (such as burnout syndrome, anxiety and depression) are caused by poor working conditions and exhausting routines. It is the function of HR of the company to pay attention to this point.

What rights do those who work at night 12×36 have?

In addition to the rights that are granted to all workers with a formal contract, who work 8 hours a day (such as thirteenth salary, FGTS, vacations, labor allowances, etc.), night shift employees in the 12×36 shift have a few more rights, which are: night shift premium, intra-shift break and inter-shift break.

additional night

The 12×36 night premium is an increase of 20% over the value of the traditional working hour. For rural workers, this percentage rises to 25%.

If the employee starts his shift during the day and ends it at night, the calculation of the 12×36 night shift is only done on top of the hours that were worked at night.

It is worth noting that the time considered night is the period between 10 pm and 5 am, in the urban perimeter. This period changes in the rural perimeter: 7 pm to 7 am in port activities, 8 pm to 4 am in livestock and 9 pm to 5 am in farming.

intraday break

For night shifts lasting more than 6 hours, a break of at least 1 hour is granted, called an intraday break.

break between shifts

As previously mentioned, after 12 hours of work, it is necessary to rest for 36 consecutive hours. This rest is called an interjourney break.

Other benefits such as premium for dangerous work and additional for unhealthy work are also paid, in accordance with the working conditions.

Despite what some people may think, hours worked after 8 am daily are not counted as overtime, because these hours are already included in the working day.

But is it possible to work overtime in this work model? For the extension of the journey, it is advisable to look for the collective agreement of the category to obtain the necessary information. Experts claim that, not exceeding 44 hours a week, overtime can be worked.

With this, we hope that your doubts regarding the subject have been clarified. For employers, it is necessary to pay attention to the rules and individual agreements for the correct implementation of the 12×36 workday.

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