STF Relator Keeps December Start for End of 6x1 and Sets Transition Rules

Overview

• On Thursday, November 12, Minister Flávio Dino issued a liminar that upholds the law’s first step on December 16 and immediately puts in force rules to guide the transition from the 6x1 schedule.
• The ruling allows employers, if no collective agreement is reached by December 15, to spread 42 weekly hours over five days with shifts up to 8 hours and 24 minutes and specifies that the extra 24 minutes per day will not count as overtime during the one‑year transition.
• Dino opened a 90‑day window from December 16 for unions and employers to renegotiate contrapartidas in existing collective agreements and said clauses incompatible with the new regime lose effect from that date while other pact terms remain until their expiry.
• The decision cuts the public‑contract adaptation period to 180 days, extends an existing exemption for high‑paid, university‑educated private workers to market‑facing state firms, and asks Congress to adopt sector‑specific and small‑business rules within a set timeframe.
• The liminar has immediate, general effect but will be submitted to the STF plenary for ratification, so it will shape employer–union talks and short‑term executive regulations while remaining subject to change by the full court.