Health professionals are at the forefront of fighting the covid-19 pandemic and treating people affected by the coronavirus. Decree No. 10,282/20 reinforced the role of these workers by recognizing health care (including medical and hospital services) as an essential and indispensable activity to meet the unavoidable needs of the community.

The state of public health emergency will impact the routine of these professionals, with the growing hospital demand predicted for the coming weeks, which may even culminate in collapse of the health system in Brazil.

Aware of the possible repercussions of the pandemic, the federal government published Executive Order No. 927/20 (MP 927) to introduce changes in the work hours of these workers. During the state of public calamity (until December 31, 2020) health facilities will be allowed, even for hazardous activities and for 12-hour work days per 36 hours of rest (12x36):

• to extend the work day beyond the legal or contractual limit, under the terms of article 61 of the Consolidated Labor Laws (CLT); and

• to adopt overtime shifts between the 13th and 24th hour of the break during the work day, without any administrative penalty, guaranteeing paid weekly rest.

In short, MP 927 authorized professionals working in health facilities to work overtime beyond the agreed-upon/legal limit (10 or 12 hours depending on the type of work day), including during the period reserved for the break between work days (11 or 36 hours depending on the work day). However, weekly paid rest (24 hours) must be respected for this practice to not constitute an administrative infraction.

MP 927 also assured that, in the current calamity situation, overtime may be paid by the employer or may be offset within up to 18 months after the end of the disaster period (hours bank), thus minimizing possible financial impacts for health facilities due to extended work days in order to meet increased demand.

For the extension of the work day and adoption of shifts, MP 927 requires only an individual written agreement entered into between the health facility and the employee. With regard to this agreement, it is recommended that it state, at the outset:

• whether and when overtime will be paid; or

• whether overtime will be offset and how this offsetting will occur, including the way in which each hour worked and offset will be determined.

The lack of an individual agreement with the employee to regulate overtime worked beyond the legal and collective bargaining limits may prevent the offsetting of these hours within the period authorized by MP 927 after the end of the public emergency. This will force the healthcare facility to pay additional hours as overtime. In addition, once the period of 180 days is exceeded during which labor inspectors will have their function limited to providing guidance (article 31 of MP 927), health facilities will be subject to fines for noncompliance with work hours rules (extension beyond the legal limit and violation of breaks between work days).