Brazil's Supreme Federal Court is holding a conciliation hearing on Tuesday to discuss how to implement the end of the country's six-day work week.
The meeting, scheduled for 2:00 pm, was convened by Justice Flavio Dino, who serves as the reporting judge on two legal challenges brought by national business associations attempting to modify the deadlines and implementation rules.
The session brings together representatives from retail and service commerce, industrial manufacturing, labour unions, and the National Congress, alongside government advocates from the Office of the Attorney General and prosecutors from the Prosecutor General's Office.
Constitutional amendment timeline
The judicial talks come just over a month before the first stage of a constitutional amendment promulgated in October takes effect across Latin America's largest economy. The approved measure abolishes the widespread 6x1 work pattern, under which staff work six consecutive days followed by a single rest day, and lowers the statutory maximum work week from 44 hours to 40 hours without any reduction in wages.
The reform is scheduled to take place gradually. On 16 December this year, the maximum weekly workload will fall to 42 hours, and employees will gain the legal right to two paid days of rest every week. The final threshold of 40 hours per week will take effect in December 2027.
Under Brazilian labour regulations historically governed by the Consolidation of Labour Laws, known as the CLT, the six-day work week has been standard practice in supermarkets, shopping centres, restaurants, and manufacturing plants since the 1940s. The system has long drawn criticism from worker organisations over chronic burnout and work-life balance, while employers argue that sudden changes to weekly scheduling threaten profitability and staffing stability.
Legal challenges from business confederations
The new timetable is being contested before the Supreme Court by the National Confederation of Commerce of Goods, Services and Tourism, known as the CNC, and the National Confederation of Industry, known as the CNI. Both employer federations filed separate lawsuits last week seeking urgent relief from the court.
The retail group CNC is asking the court to push back the first phase of the transition to October 2027 and delay the definitive reduction to 40 weekly hours until October 2028. The confederation argued that the two-month preparation period approved by lawmakers gives companies insufficient time to restructure work rotas, hire and train new staff, and renegotiate collective labour agreements.
Retail leaders emphasized that the December start date falls during the year-end shopping rush, which is traditionally the busiest and most critical commercial season for shops, supermarkets, and hospitality venues across Brazil.
For its part, the industrial federation CNI is attempting to block the new regulations from altering employment contracts and collective bargaining agreements signed before the constitutional amendment was officially enacted. The industrial confederation also requested a suspension of the reduction deadlines for at least one year, alongside greater legal latitude to negotiate specialised working arrangements directly with unions.
Scope of the Supreme Court review
In his review of the retail federation's petition, Justice Dino acknowledged that business arguments concerning the short transition window deserved a deeper examination. However, the judge stated that the timeline approved by the National Congress did not appear unfeasible at first glance.
Dino wrote in a formal decision signed on Thursday, 5 November, that in this setting, and under a necessarily preliminary assessment, the two-month timeframe did not appear unworkable in principle. He stressed that this initial stance remained preliminary and could be re-evaluated after hearing specific operational data from the affected economic sectors.
The justice also placed strict boundaries on the scope of the conciliation talks. Dino explained that the negotiations must deal strictly with the practical mechanics of putting the constitutional amendment into effect, rather than reopening debate on whether the reform should happen.
Dino said that reducing working hours and extending weekly rest were not up for negotiation.
On Friday, 6 November, Dino added the industrial confederation CNI to Tuesday's conciliation hearing after being designated rapporteur for its lawsuit as well. Dino noted that although commerce and industry presented arguments tailored to their own sectors, their shared legal concerns justified a single joint proceeding. The justice has not issued an injunction to pause the calendar, leaving the legislated timetable fully active.
Delays to federal government decree
The Supreme Court hearing takes place against the backdrop of delays within the federal executive branch over publishing a presidential decree designed to regulate the end of the 6x1 schedule. The regulatory decree had been scheduled for release on Monday, 9 November, but has not yet secured final approval from President Luiz Inacio Lula da Silva, according to reporting by CNN.
While technical teams in the relevant ministries have completed drafting the text, official publication is now expected to occur only after the president returns from official travel in Asia.
Lula travelled to Turkey to take part in the COP31 climate conference between 11 and 12 November, before heading to the Philippines to attend a summit of Southeast Asian nations on 14 and 15 November. The president is scheduled to return to Brazil on 16 November.
The administrative decree was prepared jointly by the presidency's Chief of Staff office, known as the Casa Civil, and the Ministry of Labour and Employment. According to reporting by CNN, the government has decided that the text will not contain any list of sector exemptions to bypass the end of the 6x1 schedule.
Instead, the decree will authorise different sectors of the economy to establish rota flexibility through collective bargaining agreements, provided that all arrangements fully respect the constitutional amendment passed by Congress.
