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New Law That Changes Work on Sundays and Holidays Has Been Postponed to March 2026. Understand What Changes in Decree No. 3,665/2023.
An important decision from the federal government brought relief and more time for negotiations in the commerce and services sector. The new law changes work on Sundays and holidays, establishing rules for employers and employees.
Initially <strong,scheduled to come into effect at the beginning of July, the Decree No. 3,665/2023 from the Ministry of Labor and Employment has been postponed to March 2026.
Companies and unions should prepare for the changes that promise to directly impact the routine of millions of commerce workers across Brazil.
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The decree, which had generated significant debate, represents a significant change in how work on rest and celebration days is regulated, replacing permanent authorizations with specific agreements.
What Changes and the Importance of Collective Negotiation
The main point of the decree is the revocation of the permanent permission for work on Sundays and holidays in various categories.
Previously, authorization was granted in a general manner, allowing companies to call employees on these days based on a generic rule.
With the new regulation, for work on Sundays and holidays to be permitted, the company must have a collective bargaining agreement that specifies the conditions, which strengthens the bargaining power of unions and the workers themselves.
In practice, this means that the authorization for work on these days will no longer be a general permission and will depend on a specific negotiation between the parties.
This change is seen as an important step in ensuring that workers’ rights, including fair compensation and time off frequency, are discussed in a more direct and transparent manner.
The Details of the New Rules and the Reason for the Postponement
The new rules establish that work on holidays will require collective negotiation, while for Sundays, the text maintains the granting of time off on Sundays and holidays every three weeks.
This rule applies to a wide range of categories within the commerce and services sectors, which include everything from street retail to large hotel and tourism chains.
The Ministry of Labor and Employment justifies the decree as a step towards modernizing labor legislation and ensuring greater balance between the needs of businesses and the rights of workers.
However, the immediate implementation of the decree would have an immediate impact on essential activities, such as supermarkets, pharmacies, bakeries, and gas stations, which rely on continuous work during holidays and weekends to serve the population.
The postponement to March 2026 provides a crucial adjustment period for these sectors, which will be able to organize and conduct the necessary negotiations to comply with the law.
The postponement is seen as a way to avoid abrupt interruptions in services and to give employers time to adjust to the new requirements and for negotiations between unions and companies to be completed without harm to the final consumer.
The decision shows that the federal government is attentive to the concerns of the productive sector, seeking a middle ground that allows for a more gradual and organized transition to the new rules.
Perspectives for Employers and Employees
For employees, the new law represents a greater guarantee of rest and the opportunity to actively participate in negotiations about their working conditions.
For employers, the measure requires a restructuring of shifts and the opening of a more efficient dialogue channel with the unions.
While it may pose a logistical and financial challenge in the short term, the law could, in the long run, strengthen labor relationships and ensure a more balanced environment.
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