The Superior Labor Court (TST) and the Federal Supreme Court (STF) have ruled in favor of the right to a fortnightly day off on Sundays for female employees. The decisions are based on article 386 of the Consolidation of Labor Laws (CLT), which establishes a specific protection rule for female workers, requiring a fortnightly rotation in cases of work on Sundays.

In the case analyzed, the supermarket did not grant its employees a fortnightly Sunday rest, claiming that the Constitution allows the weekly day off to be on any day, as long as it is weekly. However, the Specialized Subsection I for Individual Disputes (SDI-1) of the TST determined that the special rule for the protection of women, contained in article 386 of the CLT, prevails over the general rule. Therefore, the company was ordered to pay double for the Sundays worked in a row without the required day off.

The STF reinforced this decision, highlighting that Article 386 was not revoked by the Constitution and remains valid due to the specificities of the social reality of working women. The Supreme Court based its position on Theme 528 of General Repercussion, which allows for differentiated treatment for women in contexts that require extra protection, such as the accumulation of domestic and professional functions, still prevalent in the country's socioeconomic scenario.

According to Justice Cármen Lúcia, the rapporteur for the case at the Supreme Federal Court, this different rule is a measure to protect the health and well-being of women, considering that many of them face a double workload: professional and domestic. The decision also disregards the fact that subsequent laws, such as Law 10.101/2000, which authorizes work on Sundays in commerce, override Article 386, since this is a specific rule for women's work.

With this decision, companies must reevaluate their schedules of days off for female employees, ensuring compliance with the biweekly Sunday day off in accordance with the CLT. Failure to comply with this requirement may result in significant labor liabilities, including double payment for hours worked irregularly on Sundays.

Our office provides specialized consultancy to help companies adapt to current labor laws, especially in cases of work shifts and granting time off, minimizing the risk of costly labor convictions and ensuring compliance with recent judicial interpretations.