Hour control
Without reliable records, the hours claimed by the driver are presumed. Tachographs, trackers and apps must generate reports kept for five years.
Logistics and transport · labor
Professional drivers' working hours: the rules of Law 13,103/2015 and how to reduce labor liabilities
Drivers have their own rules on driving, rest and waiting. When the company does not control the hours, the judge accepts the worker's version. Proper control is the difference between liability and defense.
Straight answer: the working-hour limits for drivers
The working day is 8 hours, extendable by up to 2 hours of overtime, or up to 4 under a collective agreement. Continuous driving time is limited to 5 and a half hours, with 30-minute breaks. Rest between shifts is 11 hours, which may be split under certain conditions, and weekly rest is 35 hours. Waiting time for loading and unloading is not part of working hours and is compensated at 30% of the hourly wage. The company must control hours through reliable means, such as a tachograph, tracker or app.
This page is for carriers, logistics operators, bus and charter companies and shippers with their own fleet in Brazil that employ drivers or contract owner-operators. We serve companies throughout the State of São Paulo, Brazil, with meetings at our Paulista or Tatuapé offices or by video call, and act before the São Paulo courts (TJSP), the labor courts (TRT-2, TRT-15), the federal court (TRF-3) and administrative bodies.
Points that define drivers' labor liabilities
Waiting time
Periods waiting for loading and unloading beyond the normal time are compensated at 30% and do not count as overtime, provided they are recorded as waiting.
Rest and overnight stays
11-hour rest and 35-hour weekly rest. Sleeping in the cab is allowed, but rest time must be respected and recorded.
Long trips and split rest
Specific rules for long-distance trips, driver rotation and splitting rest. Collective agreements may adjust within legal limits.
Owner-operators and independents
A driver with their own vehicle may be independent, but exclusivity, route control and fixed pay characterize an employment relationship.
Inspections and fines
Labor inspectors and the federal highway police check working hours. Infractions generate fines and serve as evidence in labor suits.
Where liabilities usually arise
Incomplete records
An unread tachograph, an unsynced app or a logbook filled in afterwards are not accepted as reliable control.
Waiting time treated as work
Recording waiting as work generates double overtime; not recording it creates a presumption against the company. Correct classification is the central point.
Generic owner-operator contract
Service agreements copied without reflecting the real operation are disregarded by the judge.
How the advisory works
1. Working-hour audit
Analysis of records, shifts and contracts to identify overtime, waiting-time and employment-relationship risks.
2. Adjustment
Implementing reliable control, shift policies and owner-operator contracts consistent with the operation.
3. Labor defense
Action in individual and collective claims, using the records as evidence, and negotiating settlements.
Keep tachograph and tracker reports in an auditable format for five years after each trip. Records erased by system routines leave the company without a defense.
Frequently asked questions about drivers' working hours
Does a tracker count as working-hour control?
Yes, provided it reliably and auditably records the start and end of the shift, breaks and waiting. A tracker that only shows the vehicle's position does not replace control.
Can a driver sleep in the cab to meet the rest requirement?
Yes, the law allows rest in the cab, provided the vehicle is stopped and the rest time is respected. The place must have adequate conditions.
Does an owner-operator with their own truck have labor rights?
As a rule no, if genuinely independent. If the company controls route and hours and requires exclusivity, an employment relationship may be recognized, with all its entitlements.
Official references and related pages
Brazilian rules of reference for drivers' working hours. Sector collective agreements complement the legal rules.
Want to reduce the fleet's labor liabilities?
Describe how working hours are controlled through the secure channel. The screening identifies gaps and the adjustment format.