STF Relator Keeps 5x2 Transition and Allows 8h24 Workdays Without Overtime

Overview

• Relator Flávio Dino issued a monocratic liminar on Thursday, November 12, 2026, that keeps the constitutional timetable: 42 hours per week from December 16, 2026, and 40 hours in December 2027.
• For the 42‑hour transition, Dino authorized distributing hours across five days with workdays of up to 8 hours and 24 minutes and ruled that the extra 24 minutes per day will not trigger overtime if no collective agreement is in place by December 15.
• The decision opens a 90‑day window, counting from December 16, for unions and employers to renegotiate contrapartidas in existing collective agreements and preserves salary levels during the reduction in hours.
• Dino removed fixed weekly/monthly constraints on when the two paid weekly rests must occur, allowed agreements to set timing and compensations, and said ministries may issue temporary joint rules if collective talks fail in the initial period.
• He shortened public‑contract adaptation from one year to 180 days and asked Congress to adopt sector‑specific and small‑business rules within that timeframe, a move that aims to reduce operational disruption but leaves the liminar subject to plenary referendo and continued litigation.