TST and TRT4 Joint Mediation Reaches Agreement on Shift Work Rules at Refap
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TL;DR
- TST and TRT4 held a joint mediation session with Petrobras and Sindipetro-RS for 448 Refap workers.
- Disagreement concerned shift work rules in a court judgment and a collective agreement.
- The mediated agreement sets out which rules prevail and commits Petrobras to ongoing negotiation on disputed points.
- The settlement was facilitated with input from the Labour Public Prosecutor (MPT).
Overview
On October 9, 2026, Brazil's Superior Labour Court (TST) and the Regional Labour Court of the 4th Region (TRT4) conducted a joint mediation session regarding work shift rules at Petrobras's Refap refinery in Canoas. The session brought together representatives of the company, the workers' union Sindipetro-RS, and Brazil's Labour Public Prosecutor (MPT) to resolve conflicting provisions between a court judgment and a collective agreement covering approximately 448 refinery workers. The joint mediation resulted in a negotiated settlement on future application and negotiation procedures for working hours and shift arrangements at the refinery.
What Happened
On October 9, 2026, a joint mediation session was held at Petrobras's Refap refinery in Canoas to address conflicting work schedule rules for shift workers.
The disagreement centered on differences between a civil judgment brought by the Labour Public Prosecutor (MPT) and an existing collective bargaining agreement between Petrobras and the union Sindipetro-RS.
After discussions, the parties agreed that Petrobras will comply with obligations established in the judgment, except where a collective bargaining norm provides different provisions for certain items. The company will continue following the collective agreement for continuous shift work and rest intervals.
Petrobras also committed to raising key issues in future collective bargaining, with the aim of reaching further consensus with union representatives.
Context
Refap, a Petrobras refinery in Canoas, employs around 3,500 people and had 448 workers directly affected by the shift dispute.
The mediation was part of the Cejusc/TST Itinerante project, which aims to facilitate on-site conciliation in areas with active litigation.
Brazilian labor courts frequently mediate disputes arising from overlapping collective agreements and court-imposed requirements.
Why It Matters
- The case demonstrates the use of joint judicial mediation to resolve labor disputes involving multiple legal instruments and large workforces.
- It addresses a recurring issue in Brazilian labor relations: how to manage conflicts between collective bargaining agreements and judicial decisions.
- The mediation process at Refap could provide a precedent for resolving similar disputes in other large industrial operations.