STF Records Four Votes to Uphold December Start of 5x2 Workweek

Overview

• The Supreme Federal Court had four recorded votes by Friday to validate Minister Flávio Dino’s liminar that preserves the 16 December 2026 start of the shift from a 6x1 schedule to a 5x2 workweek.
• Dino’s preliminary order allows the 42-hour week to be spread over five days with daily shifts up to 8 hours 24 minutes and treats the 24 daily excess minutes as non‑overtime during the transition.
• The liminar fixes short adaptation windows: parties may strike collective agreements until 15 December 2026, the five‑day distribution is authorized until 15 December 2027, a 90‑day renegotiation window starts on 16 December 2026, and Congress and public contracts have 180 days to adjust.
• Industry confederations CNC and CNI filed direct challenges asking for longer transition periods and suspension of the calendar and the Chamber’s legal office has urged the court to reject parts of Dino’s flexibilizations.
• Six justices must still register votes by Monday and the court’s final ruling will determine whether the December timetable and Dino’s payroll and rest‑day rules take effect, a change that will affect shift scheduling, overtime pay and DSR calculations for hourly workers.