End of 6x1 shift: STF authorizes up to 8h24 daily work during transition

Minister Flávio Dino, of Supremo Tribunal Federal (STF), authorized on Thursday (12) that workers fulfill hours of up to 8 hours and 24 minutes per day during the transition period to the end of the 6x1 scale in Brazil. The decision establishes rules for the implementation of the new 5x2 scale, which guarantees two days of paid rest per week.

The measure maintains the entry into force of the changes for December 16, 2026, as provided for in Constitutional Amendment 141/2026, approved by Congresso Nacional. The reduction of the workload will be gradual, from the current 44 hours to 42 hours per week in the first stage and reaching 40 hours in December 2027.

During the transition period, which ends on December 15, 2027, companies will be able to distribute the 42 weekly hours between five working days. In this format, the 24 minutes that exceed the eight hours per day will not be considered overtime.

The authorisation will also apply when employers and trade unions are unable to conclude collective agreements or conventions before the new rules come into force.

STF rejects request to postpone end of 6x1 scale

The decision was made following requests submitted by the National Confederation of Industry (CNI) and the National Confederation of Trade in Goods, Services and Tourism (CNC).

The entities advocated a longer period for companies from different sectors to reorganize their activities and negotiate new working conditions with the unions.

Among the concerns presented were the need to hire and train employees, adapt production lines and avoid losses to the operation of commercial and industrial establishments.

Flávio Dino, however, rejected the request for postponement. The minister considered that the intermediate stage of 42 hours per week had already been defined by the Congresso Nacional and should be respected.

The decision seeks to offer legal certainty during the transition, avoiding the absence of collective agreements oblige companies to immediately adopt the definitive 40-hour journey.

Can be relaxed by collective agreement

Another important point of the decision involves the distribution of the rest days of the workers.

The constitutional amendment establishes two weekly paid rests. However, in exceptional situations, certain activities may adopt a differentiated distribution of leave, provided that there is a provision in an agreement or collective agreement.

Dino authorized that the compensation deadlines be flexible, allowing the rests to occur in different periods from those initially provided for in the legislation.

The measure seeks to meet sectors that face fluctuations in demand or have specific characteristics of operation, such as commerce, tourism, hospitality, agriculture and activities carried out on vessels and maritime platforms.

Despite the flexibility, the right to all paid rests should be preserved. The decision does not simply allow workers to be eliminated.

A period of 90 days has also been established for trade unions and employers to renegotiate certain conditions provided for in existing collective agreements.

Congress to Discuss Rules for Special Categories

In the decision, the minister also highlighted the need for specific regulations for professional categories that already have differentiated journeys.

Among the examples are journalists, whose standard legal working day is five hours a day, and telemarketing workers, who have their own rules of working hours.

According to Dino, the characteristics of these professions need to be considered so that the reduction of the weekly workday is implemented without conflicts with rights already guaranteed by the legislation.

The minister also drew attention to the reality of micro and small businesses, especially establishments that have reduced structures and difficulties in reorganizing their teams.

Bakeries, small markets, neighborhood restaurants, workshops and retail shops are among the examples of activities that may need specific adaptation rules.

Dino appealed to Congresso Nacional to advance in the regulation of these situations, seeking to reconcile the protection of workers with the operational needs of the different economic sectors.

When does the new scale of work begin?

The change in the working day will follow the schedule established by the constitutional amendment:

16 December 2026: start of the 5x2 scale, with a journey of up to 42 hours per week and two days of paid rest.

During the transition: possibility to work up to 8h24 a day, on five days of the week, without additional overtime over the 24 minutes.

December 16, 2027: forecast reduction of the weekly workday to 40 hours.

The decision of Flávio Dino has a preliminary character, produces immediate effects and will still be submitted to the analysis of the plenary of Supremo Tribunal Federal (The information is from Agência Brasil)

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