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Government creates new rules for Sunday and holiday work law in 2025, which promises to benefit workers' pockets

Written by Flavia Marinho
Published 24/11/2024 às 21:38
law - government - tread - work - worker - holiday - sunday - rules
Government creates new law: changes to work rules from 2025 promise to bring important benefits to workers who work on Sundays and holidays

Government creates new law: changes to work rules from 2025 promise to bring important benefits to workers who work on Sundays and holidays

The Brazilian government recently announced the postponement of the implementation of a new law regulating work in commerce during holidays. Initially scheduled for 2023, the application of the new rules has been postponed to January 2025. The decision, published in the Federal Official Gazette, reflects an effort by the government to expand dialogue with unions, companies and legislative entities, seeking to reach a consensus that balances the needs of workers and the demands of the business sector.

The revised proposal seeks to repeal a 2021 rule that waived the need for a union agreement for the work on holidays was authorized. However, the project faced resistance, which led the government to opt for more time for negotiations and adjustments. This change seeks to ensure that all sectors involved are prepared for a fair and orderly transition.

Legal basis and the new law in perspective

Work on Sundays and holidays in Brazil is currently regulated by Law 10.101/2000. According to this legislation, the operation of businesses on special days depends on collective agreements and must comply with municipal laws. The new law, which proposes changes to this scenario, has generated intense debate in Congress. Many members of parliament consider the changes a threat to job stability and the economic balance of the sector.

Experts point out that implementing new rules without a broad consultation process could negatively affect both workers and companies. Among the concerns are the impact on employment and tax revenues, which are essential to sustaining social and economic policies. For this reason, legislative measures contrary to the original proposal were quickly introduced, with the aim of minimizing potential losses.

Many retail workers rely on working on holidays and Sundays as a way to supplement their income.

The potential entry into force of this new law in 2025 raises several questions for the commercial sector. Many retail workers rely on working on holidays and Sundays as a way to supplement their income, making the issue highly sensitive. At the same time, business owners warn of possible increases in operating costs and logistical complications resulting from the changes in work rules.

Harmonization between federal, state and municipal laws will be essential to ensure legal certainty and avoid unnecessary obstacles to business operations. Adapting to the new requirements may include reconfiguring operating hours and adjusting personnel management models, especially for sectors that are more dependent on work on these days, such as retail and services.

Negotiation and collaboration strategies

With the postponement of the new law, the government seeks to create an environment for collaborative dialogue. The Ministry of Labor, led by Luiz Marinho, has established a series of meetings with unions and business representatives. These discussions aim to review the ordinance and promote agreements that meet the demands of all parties involved.

The collective bargaining strategy should gain even more relevance, encouraging workers and employers to define working conditions through specific agreements. This approach aims to increase workers' participation in decision-making, promoting greater transparency and fairness in the process.

The new law could bring important benefits to workers who work on Sundays and holidays

The new law could bring important benefits to workers who work on Sundays and holidays, such as overtime pay and clearer compensatory days off. However, whether these improvements are implemented will depend on the good faith of the parties involved in collective agreements. Furthermore, trade unions will play a crucial role in ensuring that workers’ rights are respected during the implementation of the new regulations.

On the other hand, employers face significant challenges in adapting their operations to the new legislation. HR management systems may need to be adjusted, and the interpretation of specific points of the law may generate uncertainty in the short term. Nevertheless, the expectation is that ongoing dialogue between the government, companies and workers will help to mitigate these obstacles.

Projections for the evolution of the new law

While the postponement to 2025 allows for a more structured transition, the new law may undergo adjustments over time. Labor market dynamics and societal changes may require periodic reviews to ensure that the legislation remains relevant and effective.

Among the main points of attention is the strengthening of collective bargaining, which should be consolidated as the main mechanism for defining working conditions on Sundays and holidays. This model can foster a more participatory environment, in which workers and employers have their demands met in a balanced manner.

Furthermore, the new rules have the potential to have a broad impact on the economy. Sectors that rely heavily on holiday work, such as retail, may need to restructure their operations to comply with the legislation. Adjustments to operating hours and work shifts are some of the possibilities raised by experts.

The evolution of labor legislation must adapt to market demands and workers' needs

The transition to the new rules will not be without its challenges. Companies will have to deal with additional costs and more complex administrative processes, while workers may face resistance from some employers in complying with the new requirements. Even so, the government reinforces its commitment to facilitating dialogue between the parties, promoting an implementation that minimizes negative impacts.

In the long term, the evolution of labor legislation must adapt to market demands and workers’ needs, ensuring a sustainable balance. The new law, with its focus on workers’ rights and economic efficiency, promises to be an important milestone in the regulation of work on Sundays and holidays in Brazil.

The postponement to 2025 offers a unique opportunity for unions, companies and the government to build a solid and adaptable regulatory framework together. With a joint effort, it is possible to transform the regulation of work on holidays and Sundays into an example of dialogue and cooperation, benefiting workers, employers and society as a whole.

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Santos Eduardo
Santos Eduardo
25/11/2024 07:19

Do the L. Continue for those who work in the market and commerce. Regrettably, this needs to change.

Rodrigo
Rodrigo
25/11/2024 17:17

I've never read so much litany in my life.
The poor will work less and believe they will earn the same amount, unfortunately the majority of the population does not have the discernment to understand that they will be the most affected in this story.
If you work less you will earn less, period, and this can happen in many ways.
The company can fire and hire another person with a slightly lower salary to make up for the difference or, more likely, this will generate an almost generalized increase in the affected sectors, creating inflation and consequently increasing prices.
There is no point in earning the same amount if the prices of food, products and services increase.
Unions and the government are the worst to make decisions on these matters.
The focus of the discussion is in the wrong place, what needs to change are the laws charging taxes on the hiring of labor, the cost of hiring in Brazil is very high and this hinders everyone, workers who have difficulty finding a job and when they do, the salary is low, and it harms companies that increasingly have to overload workers by reducing the number of employees in order to keep the company running, reducing production costs.
The cost of labor on companies' revenue in Brazil averages 40%, a very high value, especially when compared to the productivity of Brazilians, which is exactly low.

Roselito
Roselito
In reply to  Rodrigo
25/11/2024 18:13

But the report talks about work on weekends.

Rodrigo
Rodrigo
In reply to  Roselito
30/11/2024 10:12

Yes, but the result will be the same.
This only happens because the cost of hiring is very high, many people complain about low salaries but the employer has to pay two salaries to have an employee, he pays one salary to the employee and another to the government.
This means he has fewer employees, overloading them and/or extending the working days, which is the current 6x1, with work on Saturdays and Sundays.
In short: This scale only exists because of the high cost of hiring in Brazil.

Mirlac
Mirlac
In reply to  Rodrigo
25/11/2024 18:37

Exactly
You said it all

Mirlac
Mirlac
In reply to  Rodrigo
25/11/2024 18:39

Exactly
You said it all
The common citizen has to understand
That this law is not beneficial for us employees

Flavia Marinho

Flavia Marinho is a postgraduate engineer with extensive experience in the onshore and offshore shipbuilding industry. In recent years, she has dedicated herself to writing articles for news websites in the areas of industry, oil and gas, energy, shipbuilding, geopolitics, jobs and courses. Contact flaviacamil@gmail.com for suggestions, job openings or advertising on our website. Do not send your resume, we are not hiring!

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