Representatives of businesspeople, workers, Congress and Government participate in public hearing on 5x2 scale

Supreme Court Minister Flávio Dino chaired a public hearing to discuss questions about the entry into force of the 5x2 scale.

Minister Flávio Dino is the rapporteur of two actions that propose postponing the implementation schedule of the new working day. The 5x2 scale, approved in October by Congress, reduces the weekly limit from 44 hours to 42 hours, starting December 16th. And, a year later, the maximum working day will be 40 hours.

The debate this Tuesday (10) brought together representatives of businesspeople, workers, Congress and the Minister of Labor, Luiz Marinho. Lawyer Luciana Diniz, from the National Confederation of Commerce, explained the difficulty for companies to adapt in such a short period of time:

"The amendment grants 60 days to reorganize the working hours of tens of millions of Brazilians and dozens of companies, and to negotiate thousands of collective negotiations. For comparison, the labor reform had a transition period of 120 days. The 60 days are suffocating for so many activities that need to be carried out by both unions and companies. Abroad, we can use as a reference that Chile gave five years to reach 40 hours. Colombia also five years. Mexico, which reformed the Constitution, year, it brings a deadline of around ten months just for the first equalization".

The National Confederation of Industry estimates that the new working hours could increase labor costs by up to 33% with the payment of overtime or the hiring of new employees. The entity's legal director also defended postponing the start of the 5x2 scale.

"We effectively have to, at this stage, discuss what to do about December 16th. But we need to do this in such a way that the transition is smooth, successful and, at the same time, guarantees that economic activity will not have problems supplying labor demand", says Alexandre Vitorino, legal director of CNI.

The Nova Central Sindical de Trabalhadores spoke out against the extension of the deadline.

"The reduction of working hours and extension of rest are not under negotiation. And we agree, we want to discuss the paths of implementation, respecting the particularities of specific categories, preserving jobs and ensuring rights achieved", says Sônia Zerino, president of the Nova Central Sindical de Trabalhadores.

Representatives of businesspeople, workers, Congress and the Government participate in a public hearing on the 5x2 scale — Photo: Jornal Nacional/ Reproduction

The Minister of Labor, Luiz Marinho, said he will meet with President Lula when he returns from Asia, on Monday (16), to define the terms of the decree on reducing working hours. He said he was approached by several business entities that anticipated the changes:

"The companies that agreed, that sought, reached an agreement, found a solution, found ways. All we have to do is have the courage to think about an opportunity that Brazil has not acted on for a long time, with very rare exceptions, which is to make national agreements in the economic sector."

Minister Flávio Dino's decision will not change the law that ended the 6x1 scale. The minister said he will decide by Friday (13) on the actions that question the transition to the 5x2 scale. He added that there will be no direct change in working hours to 40 hours a week without going through the transition provided by law, of 42 hours a week. Dino should also allow collective negotiations to make compensation for days off more flexible, without monthly or weekly limitations. The decisions, according to the minister, will be submitted to the STF plenary. There is still no date for this trial.