Overview
- Relator Flávio Dino told parties he intends to issue an interim ruling by Friday, Nov. 13, to reduce legal uncertainty about how the constitutional change from 6x1 to a 5x2 schedule will be applied.
- Dino said the ruling will not permit continuation of the 6x1 roster and will set limits on how far collective bargaining can alter weekly or monthly rules for compensating days off.
- Key technical questions the court will address include whether the extra 24 minutes per day needed to reach 42 hours in a 5x2 count as overtime, how the two-stage cut from 44 to 42 hours (Dec. 16, 2026) then to 40 hours (Dec. 16, 2027) is guaranteed, and how banks of folgas may be used.
- Employer confederations (CNC and CNI) have filed ADIs seeking more time to adapt shifts and hiring, while worker groups and the court stress the amendment’s mandatory protections and the ban on flexibly keeping 6x1.
- The executive has delayed publication of the implementing decree pending presidential approval, so formal regulatory guidance is still pending even as the constitutional timetable set by Congress remains in force.