Moraes accompanies Dino, and STF has 2 votes to maintain the start of the 5x2 schedule on December 16

With Moraes' vote, the score is 2-0 to fully maintain Dino's decision.

The injunction maintains the start of the 5x2 scale for December 16th and allows, during the first stage of the transition, the 42-hour work week to be spread over five days.

These five days with working hours of up to 8 hours and 24 minutes per day, without paying additional overtime for the 24 minutes that exceed eight hours.

The rule applies even if there is no collective agreement or convention by December 15th.

Flávio Dino voted for the full referendum on the injunction that he granted on Thursday (12). With this, he defended that the plenary maintains all the points of the decision.

The trial takes place in the virtual plenary session of the STF, a system in which ministers cast their votes electronically, without an in-person session.

The change in the work schedule was approved by Congress and provides for a gradual reduction in the maximum weekly working hours.

The first stage begins on December 16, 2026, when the limit increases from 44 to 42 hours per week, with two days of paid rest. The definitive reduction to 40 hours per week is scheduled for December 2027.

One of the impasses brought to the STF involved precisely this transition stage. As the new rule maintained the ordinary limit of eight hours a day, dividing the 42 hours by the five working days results in days of eight hours and 24 minutes.

In the injunction now submitted to the other ministers, Flávio Dino authorized these additional 24 minutes without incurring overtime during the intermediate period, even when employers and unions have not reached a collective agreement by December 15th.

The decision also removed strict time restrictions, weekly and monthly, for taking advantage of paid rest.

As a result, collective agreements and conventions will be able to define when the two days off will be taken, as long as the right to both days off is preserved.

Flávio Dino also established a 90-day deadline for reviewing collective agreements, determined that a reduction in working hours cannot lead to a salary reduction and gave Congress 180 days to regulate differentiated regimes for specific sectors and adaptation rules for micro and small companies.