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Attention, Workers and Employers! As of July 1st, a new law changes everything about working on holidays and Sundays. Now, companies will need a collective agreement to release employees on those days.
Brazil is about to undergo significant changes in labor legislation, especially for those working in the commerce and service sectors.
The Ordinance No. 3,665/2023, issued by the Ministry of Labor and Employment, establishes new rules for working on holidays and Sundays, with enforcement set for July 1, 2025.
The measure reinforces the need for collective bargaining between companies and unions before authorizing activities on these 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 for collective agreements to allow employees to work on holidays and Sundays.
Previously, in various sectors, this determination was made more flexibly, often without specific regulations ensuring adequate compensation for workers.
Now, no worker can be scheduled to work on these days without a formal negotiation with the union of the category. This agreement must establish:
- The method of compensation, whether through extra payment or compensatory time off;
- The working hours on affected 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 objective of the new regulation is to balance the needs of companies with the rights of workers.
With the obligation of collective negotiations, a fairer working environment is expected, where the remuneration and rest conditions of employees are respected.
This change also seeks to reduce labor conflicts and increase transparency in relations between employers and employees.
Furthermore, 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 new rules, some established rules remain in effect. The Law 10,101/2000, which allows the operation of commerce on holidays, remains in force.
However, now companies must adhere to the new collective negotiation requirements.
Another point that has not changed is the compensation for work on holidays. Workers maintain the right to receive double payment or compensatory time off, as previously stipulated.
The difference is that, now, this compensation must be formalized in agreements with the unions.
How Should Companies Prepare?
To avoid problems, companies need to act quickly and initiate negotiations with the unions before the new law comes into effect.
The collective agreements must detail all working conditions on holidays and Sundays, ensuring that there is no violation of the rules.
Workers also need to be informed about their rights and monitor changes to ensure that their working conditions are respected.
The Impact of the New Legislation on the Labor Market
The enforcement of these rules represents a step forward in the protection of labor rights, encouraging a more transparent and balanced relationship between employers and employees.
Additionally, this change may directly impact certain sectors that heavily rely on operations during Sundays and holidays, such as:
- Supermarkets and large retail chains;
- Shopping malls and commercial centers;
- Tourism and hospitality sector;
- Essential services such as health and transportation.
Thus, 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 Take Effect?
The Ordinance No. 3,665/2023 goes into effect on July 1, 2025.
From this date, all companies must be fully compliant with the new requirements, avoiding labor penalties and conflicts with the unions.
More information about the new ordinance can be found on the official website of the Ministry of Labor and Employment.
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