Today, October 23, 2023, the Federal Supreme Court published acórdão its decision to uphold the Superior Labour Court's decision regarding applying the rule of paid weekly rest for female workers on at least two Sundays per month.
The conflict arose because the legislation has two distinct rules regarding paid weekly rest: article 6 of Law 11,603/2007, which establishes that "paid weekly rest must coincide, at least once in a maximum period of three weeks, with the Sunday" and article 368 of the CLT, which regulates women's work and establishes that "if there is work on Sundays, a fortnightly shift schedule must be organized to favor Sunday rests."
According to the Justices of the STF, the rule provided for in article 386 of the CLT that women have the right to a fortnightly shift schedule that favours Sunday rest (in practice, Sunday as a day off twice a month) does not offend the principle of isonomy.
According to the Rapporteur Justice, Justice Carmen Lúcia, the CLT rule protects women's work to safeguard the worker's health, considering their specific conditions imposed by social and family reality, and is in line with the Constitution and jurisprudence of the Supreme Court.
Therefore, the STF confirmed the understanding of Subsection I Specialized in Individual Disputes of the Superior Labor Court in the sense that the application of the differentiated weekly rest scale for women under the terms provided for in art. 386 of the Consolidation of Labor Laws is a "protective rule with full constitutional support (art. 7, XV and XX)".
Fonte: RE 1.403.904
