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Attention, workers and employers! Starting July 1st, a new law changes everything about working on holidays and Sundays. Now, companies will need a union agreement to release employees on these days.
Brazil is about to go through significant changes in labor legislation, especially for those working in the trade and services sectors.
A Ordinance no. 3.665 / 2023, issued by the Ministry of Labor and JOBS, establishes new rules for work on holidays and Sundays, with entry into force scheduled for July 1, 2025.
The measure reinforces the need for collective bargaining between companies and unions before authorizing activities on those days, ensuring that workers' rights are preserved.
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What changes for workers and companies?
The main change brought by the ordinance is the requirement of collective agreements to allow employees to work on holidays and Sundays.
Previously, in several sectors, this definition was made in a more flexible way, often without specific regulations that guaranteed adequate compensation for workers.
Now No worker can be scheduled to work on these days without formal negotiation with the union of the category. This agreement must establish:
- The form of compensation, either through extra payment ou compensatory days off;
- Working hours on impacted days;
- Specific conditions for certain sectors.
The requirement applies to all holidays and Sundays, without exceptions, reinforcing the need for dialogue between employers and employees.
Why is this change important?
The purpose of the new regulation is balancing the needs of companies with the rights of workers.
With the obligation of collective bargaining, a fairer work environment, where employees’ remuneration and rest conditions are respected.
This change also seeks to reduce labor conflicts and increase transparency in relationships between employers and employees.
We also pack any Companies that adapt quickly will be able to improve their relationships with their employees, creating a more harmonious and productive environment.
What remains unchanged?
Despite the news, some rules already established continue to apply. Law 10.101 / 2000, which allows the operation of the holiday trade, remains in force.
However, now companies must comply with new collective bargaining requirements.
Another point that has not changed is remuneration for work on holidays. Workers maintain the right to receive double pay or compensatory time off, as previously predicted.
The difference is that, now, this compensation must be formalized in agreements with unions.
How should companies prepare?
To avoid problems, companies need to act quickly and start negotiations with the unions before the new law came into effect.
Collective agreements must detail all working conditions on holidays and Sundays, ensuring that there is no breach of the rules.
Workers need it too find out about your rights and monitor changes to ensure that your working conditions are respected.
The impact of new legislation on the labor market
The entry into force of these rules represents a progress in the protection of labor rights, encouraging a relationship more transparent and balanced between employers and employees.
Furthermore, this change may directly impact some sectors that rely heavily on operating on Sundays and holidays, As:
- Supermarkets and large retail chains;
- Malls and shopping centers;
- Tourism and hospitality sector;
- Essential services such as health and transportation.
Therefore, it is essential that both employers and employees are prepared for the new rules, ensuring a smooth and effective adaptation process.
When does the new rule come into effect?
A Ordinance no. 3.665 / 2023 comes into force from the July 1, 2025.
From that date onwards, all companies must be fully adequate to the new requirements, avoiding labor sanctions and conflicts with unions.
More information about the new ordinance can be found on the official website of Ministry of Labor and Employment.
