TST theme 308: What changes in the management of positions of trust

In a business environment increasingly aware of labor governance and the need for predictability, the recent positioning of the His 308 brings an opportunity for reflection: To what extent can the autonomy of trust positions live with fundamental rights guaranteed by the Constitution?

The issue is not unprecedented, but it gained definitive contours on September 8, 2025, when the TST full set the binding repercussion thesis, establishing an interpretative milestone of immediate range for companies and.

The normative context

Article 62, II, excludes employees in the trusted positions, such as directors, managers and department heads. The foundation is that such positions imply greater autonomy, expanded responsibilities and differentiated remuneration, justifying the removal of typical protections linked to the workday, such as overtime or nightly.

This exclusion, however, has always found limits. Constitutional and unavailable rights remain safeguarded, among them the weekly remunerated restprovided for in article 7, XV, of the Federal Constitution. More than a formality, it is a guarantee that preserves a minimum balance in.

What did the TST decide

In the judgment of His 308the TST consolidated the following guidance: the employee In a position of trust is entitled to double payment of the weekly rest days when they are worked without due compensation.

With this, it reaffirmed two central premises:

• The dismissal of journey control does not eliminate the right to weekly rest;
• The work on a day intended for rest, without granting compensatory time off, must be paid double, as provided by Law 605/49, and this is not confused with overtime.

The thesis, of binding effect, becomes a mandatory reference for all lower instances, promoting greater uniformity and safety in the interpretation of the subject.

Impacts and reflections on companies

More than generating apprehension, the decision works as a invitation to review internal practices. Some questions may support managers in assessing the maturity and effectiveness of their policies:

• Are internal definitions of reliable positions properly formalized and aligned with the CLT?
• Are there clear mechanisms to record resting compensations granted to managers?
• Are the company’s labor governance policies integrated with HR, legal and operational areas?

These questions offer a starting point to improve internal routines and reinforce the organization’s legal certainty. In practice, we often come across companies that, given this situation, make the wrong framing and remunerate work on a day of rest as if it were extra time, applying only the additional 50%. It turns out that legal treatment is distinct: the law provides for double payment, and not just the increase in the normal time. This detail, when not observed, can generate relevant liabilities and unnecessary discussions, easily preventable with the adoption of clear policies and appropriate records.

Also, even when the company already observes the determination set in theme 308, is it important to question: Are payment statements reflecting this money correctly? This attention is fundamental in cases where the option adopted is for double payment, not by granting compensatory clearance.

Strategic Paths

The decision suggests an evolution in business practices, reinforcing measures that are already part of good governance:

• Clear contracts: Objective definition of the nature of the position and prediction of compensation.
• Structured internal policies: Formal guidelines in codes of conduct and manuals.
• Integration between areas: alignment between legal, HR and operations to guarantee the right to rest.
• Documentary tests: clear records of granted clearances or, when the option is for double payment, the proper heading in the salary statements.
• Preventive audits: Periodic revisions that allow you to identify opportunities for improvement before they become legal demands.

The judgment of His 308 Reaffirms that the autonomy of trust positions does not eliminate the right to paid weekly rest. More than imposing restrictions, the decision offers companies the chance to Improve your governance structures and align internal practices with standards of legal and reputational sustainability.

The message is positive: properly managing the homes of executives and managers not only fulfills the legislation, but strengthens the image of the company as a mature, transparent and aligned organization with best practices.

In a scenario in which reputational capital weighs as much as the financial, the way a structure structure and communicates its labor policies also becomes a competitive differential in the face of investors, partners and society.

Trust position management is not limited to avoiding passive but building a sustainable work model that can generate confidence inside and outside the organization.

*This text does not necessarily reflect the opinion of the young Pan.