Court Faces Clash Over Speed of 6x1 Workweek Transition

Court Faces Clash Over Speed of 6x1 Workweek Transition
Justice Flávio Dino is expected to decide by the end of the week whether the rollout of Brazil’s constitutional change ending the 6x1 work schedule needs adjustment. The case will then go to the Supreme Court’s full bench, Dino said after a conciliation hearing involving employer and worker representatives. He stressed that he would not alter the amendment approved by Congress, focusing instead on implementation issues around collective agreements — including whether negotiations could extend the period for compensating days off.

The dispute is principally over timing, not the underlying change. The National Confederation of Trade in Goods, Services and Tourism (CNC) says the planned 60-day transition is too short for businesses to reorganize staffing, train workers and renegotiate contracts. It has asked for the first reduction in the weekly ceiling, from 44 to 42 hours, to begin in October 2027, with a 40-hour limit following a year later. The confederation argues that the current deadline overlaps with the busiest period for commerce and tourism.

Labor Minister Luiz Marinho takes the opposite view. He criticized the Supreme Court’s involvement, arguing that the executive branch is already preparing rules through a decree, ministerial ordinances and collective bargaining. “The government is not being negligent. We are dealing with it, we are taking care of it. Why should the Supreme Court get involved?” he said.

Marinho also rejects the claim that employers lack time to adapt, saying shorter working hours should reflect productivity and technological gains. The government’s planned transition would begin on December 16, cutting the maximum week to 42 hours, and reduce it to 40 hours after 12 months, without a pay cut. While employers seek a later start, both sides point to collective bargaining as a key tool for tailoring schedules to different sectors.

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