Business groups seek court delay to shorter working hours - Valor International

Brazil's National Confederation of Commerce, Goods, Services and Tourism (CNC) and National Confederation of Industry (CNI) have asked the Supreme Federal Court (STF) to delay the implementation of new working-hour rules following the elimination of the six-day workweek. Both organizations filed direct actions of unconstitutionality challenging provisions of the reform.

Meanwhile, Labor and Employment Minister Luiz Marinho said Wednesday (Nov. 4) that his ministry expects to issue a decree next Monday regulating Constitutional Amendment No. 141, which abolished the six-days-on, one-day-off schedule. He said the regulations will guide industries in determining, through collective bargaining agreements, how best to comply with the amendment.

The CNC is seeking to postpone the reduction of the standard workweek to 42 hours from December 16 this year to October 16, 2027.

The CNI, meanwhile, has requested an interim injunction suspending the application of the new rules to employment contracts and collective bargaining agreements already in effect before the amendment was enacted, as well as to micro and small businesses. Its petition also includes additional requests.

The CNC is also seeking to delay the second phase of the reform, which will reduce the workweek to 40 hours. Currently scheduled for December 16, 2027, the change would be pushed back to October 16, 2028, under the confederation's proposal.

In addition, the CNC wants the Supreme Court to allow employers, during the transition, to spread the 42-hour workweek over five days, with daily shifts of up to eight hours and 24 minutes, “regardless of prior collective bargaining.”

On the merits of its case, the CNI is asking the court to allow collective bargaining agreements to establish alternative arrangements for compensatory time off, shift schedules and working hours, tailored to the needs of individual industries through negotiations.

The confederation also argues that the transition period should not prevent unions and employers from negotiating implementation deadlines better suited to each occupational category.

The CNI contends that Constitutional Amendment No. 141 violates constitutional principles, including legal certainty and the protection of legally established rights and agreements.

This article was translated from Valor Econômico using an artificial intelligence tool under the supervision of the Valor International editorial team to ensure accuracy, clarity, and adherence to our editorial standards. Read our Editorial Principles.