President of TST calls for immediate end to 6x1 schedule

The president of the Superior Labour Court (TST), Minister Vieira de Mello Filho, defended this week that the reduction of the working day, approved by Congresso Nacional, be applied immediately. In a public statement, the magistrate said there was no reason to postpone the change, which reduces the weekly workload to 42 or 40 hours, depending on the collective bargaining. Speech comes amid a legal impasse: business entities question the constitutionality of the new rule in the Supremo Tribunal Federal (STF) and ask for more time to adapt.

“There is no reason why you shouldn’t start applying this. This can be immediately, reduce to 42 or 40,” said Vieira de Mello Filho. The statement was given in a recent interview, in which the minister also refuted arguments that the change would bring economic damage. For him, historical experience shows that similar warnings have been made in the past and have not been confirmed.

STF brand audience to discuss transition

The implementation of the new journey is questioned in the Supremo Tribunal Federal by business entities, among them, the National Trade Confederation (CNC) and the National Industry Confederation (CNI). Organizations take more time to adapt, citing operational and financial impacts. The rapporteur of the actions, Minister Flávio Dino, scheduled a conciliation hearing for Tuesday, November 10, at 2 p.m. The meeting will deal with the transition rules, without re-discussing the reduction of the day and the extension of the time off approved by Congress.

The hearing will be a space for employers, workers and government to submit proposals on how to implement the new day without disruptions. Minister Flávio Dino has already signalled that he does not intend to review the merits of the legislative decision, but only to adjust deadlines and conditions. The expectation is that the meeting will result in an agreement that avoids conflicting judicial decisions.

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Specific regulations for differentiated journeys

Vieira de Mello Filho considered sufficient the term stipulated in the law, but defended specific regulations for categories with differential journeys, such as aeronauts, Petrobras workers and professionals submitted to the 12x36 scale. For these groups, the immediate application of the general rule could lead to distortions, according to the minister. “Sufficient regulation, because regulation can, for example, save the case of conventions,” he said.

The magistrate explained that collective agreements and conventions already provide for special days for several categories, and that the new law should not annul these instruments. Regulation would therefore serve to harmonize the general rule with sectoral realities. The source did not detail which categories would be prioritized in this regulation, but cited examples of sectors with atypical scales.

Positive impact for women and productivity

The TST chairman also said the shortening of the day will benefit especially women who work in trade and accumulate domestic responsibilities. According to him, the change can increase productivity and decrease distances due to health problems. The statement is based on studies that point to gains in efficiency when there is better balance between work and personal life.

For the minister, work overload is one of the main causes of illness among workers, especially women. With a shorter journey, there would be more time for rest and family care, which would reduce stress and distance. The source did not present numerical data on the expected impact, but stressed that the measure has the potential to improve the work environment.

Asymmetry in labour relations

Commenting on the relations between employees and employers, Vieira de Mello Filho stated that the difference in economic power prevents negotiations on equal terms. “The contract is absolutely asymmetrical. One sells his labor power and the other has the economic power and defines the conditions. There is no autonomy,” he said. The speech reinforces the thesis that labor legislation should protect the weakest part of the relationship.

According to the minister, the labor legislation must preserve minimum guarantees for employees, even when there is the possibility of individual or collective bargaining. He criticized the idea that agreements between employers and employees can relax fundamental rights without limits. The source did not detail which guarantees would be non-negotiable, but indicated that the working day is one of them.

Comparison with the 13th salary

Vieira de Mello Filho also compared the criticisms of the reduction of the day with the resistance to the creation of the 13th salary. “When the 13th salary was instituted, it was said: ‘Look, it will break everything, there will be nothing left.’ I ask: does trade endure December without the 13th salary?” he said. The analogy seeks to show that catastrophic predictions do not always come true.

The minister recalled that the 13th salary, created in 1962, faced strong business opposition at the time, but today it is considered a consolidated right and an engine of the economy at the end of the year. For him, the reduction of the journey will follow a similar path, with social and economic gains in the medium term. The source did not present any projections of economic impact, but argued that the country is able to absorb the change.

The impasse over the implementation of the new journey is expected to be resolved in the coming weeks, following the hearing on the STF. Meanwhile, the debate continues to mobilize unions, businesses and the judiciary. The Boca no Trombone Portal will continue to monitor the developments and will bring new information as it becomes available.

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Higher Labour Court (www.tst.jus.br)

National Trade Confederation (portaldocomercio.org.br)

National Confederation of Industry (cni.portaldaindustria.com)

Flávio Dino (portal.stf.jus.br)