Dino keeps 6x1 transition on track while easing employers’ adjustment

Dino keeps 6x1 transition on track while easing employers’ adjustment
Justice Flávio Dino of Brazil’s Supreme Federal Court has refused to halt or postpone the transition away from the 6x1 work schedule, preserving the congressional timetable despite challenges from business confederations.

The transition begins on December 16 with a 42-hour working week, before the constitutional reform’s 40-hour limit takes effect the following year. Dino ruled that employers may spread those 42 hours over five days, allowing shifts of up to eight hours and 24 minutes even where no collective agreement has been reached by December 15. The additional 24 minutes will not trigger overtime pay.

The Brazil Left account presents the decision chiefly as a rejection of employers’ effort to postpone the overhaul. The National Confederation of Commerce had sought to move the first stage to October 2027, but Dino said he saw no constitutional basis to annul the policy approved by Congress. “At this moment, I do not identify a violation of entrenched constitutional clauses” that would justify such an outcome, he wrote.

The Brazil Right account focuses more heavily on the accommodations written into the injunction. It notes that collective agreements may arrange alternative ways to compensate the two weekly days off, without requiring that the rest days be taken or balanced within the same week or month. The underlying entitlement remains intact: workers retain “two paid weekly rest days.”

Both accounts stress that Dino sought to prevent the reduction in hours from becoming a route to unilaterally cut existing benefits. Employers and unions have 90 days from December 16 to renegotiate affected collective-agreement terms; absent a new deal, employers cannot simply withdraw the benefits.

Dino also urged Congress to create tailored rules within 180 days for sectors including commerce, tourism, hospitality, agriculture and maritime work, as well as for micro and small businesses. He shortened the adjustment period for public-sector contracts to six months, framing the ruling as a transition measure rather than a reversal of the new work-week rules.

https://brazil-test-hub.syndichain.com Brazil News Hub brazil-test-hub brazil-test-hub