Regulatory Alerts2026-05-27 | Instrução Normativa BCB 738BCB Instruction No. 738 of May 27, 2026
The Central Bank of Brazil issued Instruction No. 738 to amend Instructions No. 536 and No. 549 regarding the management of on-call duty hours for its employees. The amendments mandate specific functional codes for recording on-call call-outs and the subsequent use of compensatory leave, distinguishing between full eight-hour periods and partial leave. Additionally, the regulation prohibits the use of partial leave for periods under one hour and bars eventual substitutes from assuming commissioned functions when the titular holder is using such partial leave.
BCB INSTRUCTION NO. 738, OF MAY 27, 2026
Amends BCB Instruction No. 536, of November 1, 2024, and BCB Instruction No. 549, of November 11, 2024.
The Head of the Department of Human Resources Management, Education, Health and Organization (Depes), the Head of the Department of Information Technology (Deinf), and the Head of the Open Market Operations Department (Demab), in view of the provisions of Article 61, item IX, Article 70, item IV, and Article 115, item VII, letter "c", of the Internal Regulations of the Central Bank of Brazil, and considering the provisions contained in BCB Resolution No. 420, of October 3, 2024,
R E S O L V E:
Art. 1º BCB Instruction No. 536, of November 1, 2024, shall enter into force with the following alterations:
“Art. 5º ....................................................................................................................... .................................................................................................................................... II - the accumulation of hours resulting from a call-out arising from on-call duty shall be recorded using the functional fact “9610 - ON-CALL CALL-OUT”; III - the use of accumulated hours resulting from on-call duty in daily periods of eight hours shall be recorded using the functional fact “9640 - ON-CALL LEAVE USE”; and IV - the use of accumulated hours resulting from on-call duty in periods less than eight daily hours shall be recorded using the functional fact “9660 - ON-CALL - PARTIAL LEAVE”. § 1º In the case of a call-out of a server who was not on on-call duty, the recording of the hours actually worked shall be carried out in accordance with the provisions of item II of the caput. § 2º The following are prohibited: I - the use of partial leave in periods less than one hour; and II - the assumption of a commissioned function by an eventual substitute when the holder of the function uses the partial leave referred to in item IV of the caput.” (NR)
Art. 2º BCB Instruction No. 549, of November 11, 2024, shall enter into force with the following alterations.
“Art. 5º ....................................................................................................................... .................................................................................................................................... II - the accumulation of hours resulting from a call-out arising from on-call duty shall be recorded using the functional fact “9610 - ON-CALL CALL-OUT”; III - the use of accumulated hours resulting from on-call duty in daily periods of eight hours shall be recorded using the functional fact “9640 - ON-CALL LEAVE USE”; and IV - the use of accumulated hours resulting from on-call duty in periods less than eight daily hours shall be recorded using the functional fact “9660 - ON-CALL - PARTIAL LEAVE”. § 1º In the case of a call-out of a server who was not on on-call duty, the recording of the hours actually worked shall be carried out in accordance with the provisions of item II of the caput. § 2º The following are prohibited: I - the use of partial leave in periods less than one hour; and II - the assumption of a commissioned function by an eventual substitute when the holder of the function uses the partial leave referred to in item IV of the caput.” (NR)
Art. 3º This Instruction shall enter into force on the date of its publication.
Marcelo Foresti de Matheus Cota