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Change In Weekend And Holiday Work Alters Rules For Retail Companies And May Impact Salaries, Working Hours, And Collective Negotiations Across Brazil.
The Ministry of Labor and Employment has postponed the enforcement of Ordinance MTE No. 3,665/2023 to March 1, 2026, which alters the rules regarding holiday work in Brazilian retail.
The decision was officially confirmed through Ordinance MTE No. 1,066/2025, published in the Official Gazette on June 18, 2025.
With this, companies and workers in the sector gain more time to adapt to the new legal requirements, which are expected to directly impact the routine of retail, especially regarding Sundays and holidays.
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Until the newly established date, the authorizations set out in Ordinance MTP No. 671/2021 remain in force, including the possibility of retail operations on holidays, provided that local regulations and existing collective labor agreements are respected.
The rules regarding Sunday work remain governed by Law No. 10,101/2000, which establishes guidelines for retail operations on that day, detailing the rights and duties of employers and employees.
New Labor Law For Weekends: What Changes?
The main change brought by Ordinance MTE No. 3,665/2023 is the mandatory collective negotiation between companies and unions to allow work on holidays.
Previously, many establishments operated on these dates without detailed regulations on compensations and workers’ rights.
Now, the granting of working hours on these days will depend on the formalization of a specific collective agreement negotiated between the parties.
Experts point out that this change represents a milestone in the management of labor relations on special dates in the country.
According to labor lawyer Júlio César Ballerini, employers were already aware of the need for adjustment.
“This is not new for companies. They have had adequate time to regularize this issue,” states the expert.
He highlights that non-compliance with the new legislation may result in administrative penalties, such as fines, if there is no regulation through the union.
According to the new labor legislation for weekends, collective negotiation is now the only legal avenue to authorize working hours on Sundays and holidays.
The Ministry of Labor and Employment emphasizes that the measure aims to ensure respect for workers’ rights, promoting fairer salary conditions and working hours.
This includes additional pay for hours worked on holidays, as well as the possibility of compensatory time off, according to what is agreed upon by the parties.
Objectives And Justifications Of The Labor Ordinance
The main objective of the ordinance is to ensure effective protection for workers in commerce and services, sectors that traditionally operate on Sundays and holidays.
By requiring collective negotiation, the government aims to ensure that any extraordinary working hours are always accompanied by adequate compensation, either through additional remuneration or by granting compensatory time off.
This approach seeks to balance the interests of employers and employees, preventing workers from being subjected to excessive hours without financial return or time for rest.
According to the Ministry of Labor and Employment, inspections will be strict from the definitive enactment of the ordinance, and companies that do not comply with the new rules may be penalized by labor inspectors.
Impacts On Companies And Workers
The new scenario poses challenges for companies, especially in retail, supermarkets, and essential services, which traditionally rely on operations on weekends and holidays to maintain their businesses.
The need to negotiate with unions represents an additional cost, as there may be salary increases and charges for special days.
Júlio César Ballerini explains that to maintain business viability, some employers may be inclined to pass on costs to consumers or seek alternatives to cut expenses.
“There may be cuts to simple benefits or even job positions. The entrepreneur may reduce the team to balance the accounts in light of higher labor costs,” the lawyer exemplifies.
However, experts assess that the measure may bring gains in the medium and long term by promoting a more transparent, secure, and balanced work environment.
The requirement for collective agreements strengthens the role of unions and allows for greater appreciation of labor rights.
It is also hoped that negotiations may result in better working conditions, such as reduced hours on Sundays and holidays or extra pay for these activities.
Changes In The Routine Of Retail Workers
With the new labor law for weekends, retail workers should prepare for changes in their routine.
Starting in March 2026, no company may keep employees working on Sundays or holidays without a collective agreement established with the union of the category.
The trend, according to experts, is that negotiations will involve reduced working hours or increases in pay for these days.
The proposal aims to prevent situations where employees are required to work without adequate compensation, which can affect both physical health and emotional balance.
The Ministry of Labor reinforces that, in all cases of exceptional working hours, the needs of workers must be prioritized and considered in negotiations.
Additionally, a bill in progress provides for retirement at 55 for workers in risky conditions, further expanding the agenda of social protection in the Brazilian work environment.
Collective Negotiation: Central Tool Of Labor Legislation For Sundays And Holidays
Collective negotiation emerges as a central instrument in the new legislation, functioning as the only legal means for implementing work on holidays and Sundays.
Companies and unions will play a decisive role in building agreements that balance the financial health of businesses and the quality of life of professionals.
For employers, the challenge will be to find alternatives that make it possible to comply with the new labor law for weekends without compromising the functioning of operations.
On the other hand, unions must act proactively, seeking to secure benefits for their members and promoting constructive dialogue with companies.
The negotiation environment is expected to become more intense and strategic in the coming months, leading up to the definitive enforcement of the ordinance.
How do you assess the impact of the new labor law for weekends on your daily life or your company? What adjustments do you believe are necessary to ensure a balance between labor rights and business sustainability?
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