Overtime and working hours
Colégio Miguel de Cervantes
Do you work or have you worked at Colégio Miguel de Cervantes and have questions about overtime, hour banks and breaks? Learn your working-hours rights and how to get organized.
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What to do, step by step
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Gather time records, schedules, payslips (holerites) and messages showing the hours worked at Colégio Miguel de Cervantes.
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Remember the general rule: up to 8 hours a day and 44 a week, with a break for rest and meals (art. 7, XIII, of the Constitution and arts. 58 and 71 of the CLT (Brazilian Labor Code)).
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Hours beyond the regular workday must be paid with a premium of at least 50% (art. 7, XVI, of the Constitution) or offset under a valid hour bank.
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Check on your payslips that overtime, night-shift premium and paid weekly rest appear correctly.
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If there is a discrepancy, record the question in writing, contact your trade union or the MTE (Ministry of Labor and Employment, Disque 158) and keep the proof.
Official channels for workers
- Labor inspection
- MTE · 158
- Public Labor Prosecutor’s Office
- MPT: guidance and complaints
- Labor Courts
- Superior Labor Court (TST)
Frequently asked questions
Is a worker with time tracking entitled to overtime?
As a rule, yes, for workers whose hours are tracked. Some roles, such as management positions and external work incompatible with time control, have their own rules (art. 62 of the CLT). Each case must be analysed individually.
Can an hour bank accumulate without limit?
No. Offsetting must follow the CLT and the applicable collective agreement; an individual hour bank, for example, must be offset within six months (art. 59, §5, of the CLT).
What is the deadline to claim overtime?
As a rule, the last 5 years of the contract can be claimed, and the claim must be filed within 2 years after the employment ends (art. 7, XXIX, of the Constitution).
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