STF Justice Dino Adjusts Transition Rules for 42-Hour Workweek
New ruling allows 5x2 shift distribution without overtime pay during the transition period.
1Judicial Ruling on Workweek
Supreme Court Justice Flávio Dino issued a preliminary injunction authorizing employers to distribute the 42-hour workweek over five days. This adjustment allows daily shifts of up to eight hours and 24 minutes without triggering mandatory overtime pay. The ruling provides clarity for the transition phase starting on December 16, 2026.
2Transition Period Mechanics
The constitutional amendment mandates a reduction from 44 to 40 hours weekly, with an intermediate stage of 42 hours. This phase remains effective until December 15, 2027. Dino’s decision ensures this transition proceeds even if employers and unions fail to reach a collective agreement before the December 16, 2026, implementation deadline.
3Addressing Employer Concerns
Business confederations previously feared that a lack of collective agreements would force an immediate reduction to 40 hours. By allowing the 42-hour distribution without extra costs, the court provides legal security for companies. This measure prevents potential operational paralysis while maintaining the core constitutional requirement of two weekly rest days.
4Flexibility in Rest Days
Justice Dino removed rigid time constraints regarding the scheduling of the two mandatory rest days. Collective agreements can now modulate when these days are taken, accommodating seasonal sectors like tourism, agribusiness, and retail. This flexibility ensures that the right to two rest days is preserved while allowing for operational business needs.
5Wage and Contract Protections
The ruling explicitly prohibits salary cuts resulting from the reduced work hours, including for those earning minimum wage floors. Furthermore, maintaining salaries for employees with reduced hours cannot be used as a legal basis for other workers to demand wage equalization. These protections aim to prevent economic losses for the workforce.
6Regulatory Deadlines for Congress
The court granted Congress a 180-day window to regulate specific work regimes for unique activities and small businesses. Additionally, administrative contracts with the public sector must be adapted within 180 days. This period allows for necessary economic rebalancing while ensuring the constitutional mandate for reduced working hours is fully respected.
7Collective Agreement Revisions
Starting December 16, clauses in existing collective agreements incompatible with the new amendment lose immediate validity. Unions and companies have a 90-day window to renegotiate these terms. If negotiations fail, employers are prohibited from unilaterally cutting previous benefits, ensuring a balanced approach to the transition of existing labor pacts.
8Broader Legal Implications
This decision carries significant weight for the Brazilian labor market, affecting millions of workers and businesses. By balancing constitutional mandates with practical implementation, the STF aims to avoid economic shocks. The ruling will now be submitted to the full plenary of the Supreme Court for final confirmation of its immediate efficacy.
Original article: G1 – Política — STF Justice Dino Adjusts Transition Rules for 42-Hour Workweek