Fecomércio-MS reinforces national request to the STF for more time to implement 5x2 scale

The Federation of Commerce of Goods, Services and Tourism of Mato Grosso do Sul (Fecomércio-MS) asked, this Monday (9), to join the action being processed in the Federal Supreme Court (STF) and seeks to postpone the implementation of the 5x2 scale.

According to the entity's president, Juliano Wertheimer, the request is for the reduction in working hours to 42 hours per week to be postponed until January 2028 and the definitive reduction to 40 hours to only take effect in January 2029.

The request reinforces the action presented by the National Confederation of Commerce in Goods, Services and Tourism (CNC), which also defends more time for companies to adapt, but proposes shorter deadlines. According to the rules approved by the National Congress in October, the new journey is scheduled to begin on December 16th this year.

According to Wertheimer, the proximity of Christmas and the end of year festivities is one of the sector's concerns, as the period is busiest in trade.

"Now approaching the end of the year, the hottest time with Christmas and festivities, so when workers are most needed is when they want to take this workforce out of the market," he stated.

Fecomércio-MS asked to participate in the process as amicus curiae, a legal expression that means "friend of the Court". According to the president, the intention is to present data about Mato Grosso do Sul to contribute to the STF's analysis.

Impact in Mato Grosso do Sul

According to Wertheimer, 329 thousand commercial workers in Mato Grosso do Sul currently work on a 6x1 schedule, with a 44-hour work week. According to him, this number represents 53% of the workforce with a formal contract in the state.

The president stated that the lack of available workers is one of the main difficulties for companies to adapt. According to the data presented by him, Mato Grosso do Sul has an unemployment rate of 2.7%, equivalent to approximately 40 thousand people.

According to the federation's calculations, replacing the reduced hours would require a contingent equivalent to 82% of this available workforce.

"It is very important to highlight that in Mato Grosso do Sul we have very important border trade, we have impacted agriculture, trade directly with the lack of labor and the increase in costs", stated Wertheimer.

What happens now?

The CNC filed the lawsuit with the STF last Tuesday (3). The entity argues that the 60-day deadline set for the new rules to begin is insufficient to reorganize shifts, hire employees and renegotiate collective agreements.

In the national request, the CNC requests that the reduction to 42 hours per week be postponed from December 2026 to October 2027. The definitive limit of 40 hours would come into effect in October 2028.

Fecomércio-MS, in turn, defends a longer period, with the first reduction in January 2028 and definitive implementation in January 2029.

According to Wertheimer, minister Flávio Dino, rapporteur of the action at the STF, ordered a conciliation hearing to be held this Tuesday (10), in Brasília.

The request for Fecomércio-MS to join the process was filed this Monday (9). The entity's participation still depends on authorization from the STF.

Until there is a decision to change the deadlines, the implementation of the new working day remains scheduled for December 16th.