Gilmar Mendes overturns ruling on Sunday rest days for female hotel workers

Supreme Federal Court Minister Gilmar Mendes has overturned a decision by the Regional Labor Court of the 2nd Region that had invalidated a collective clause regarding Sunday rest days for female hotel workers. The original clause provided for one Sunday off per month for all employees, regardless of gender, and included double pay for Sundays worked.

The Regional Labor Court had previously declared the clause null for women, arguing that a biweekly rotation was necessary to protect female health and constituted an unavailable right that could not be reduced through collective bargaining. However, Minister Mendes ruled that the decision contradicted legal precedents regarding the validity of collective negotiations that respect fundamental rights. He has ordered the tribunal to conduct a new judgment that respects the collective agreement and the autonomy of unions.