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Work On Holidays And Sundays May Change Drastically! The New Law Requires Negotiation With Unions, Ensuring Rights And Compensations. Companies Need To Adapt Quickly Or Face Penalties! What Changes For Workers And Employers? Know Everything About The New Rules That Come Into Effect In July 2025!
Brazil Begins 2025 With Significant Changes In Labor Laws, Particularly Regarding Work On Holidays And Sundays.
Portaria No. 3.665/2023, From The Ministry Of Labor And Employment, Establishes New Guidelines That Directly Affect The Trade And Services Sector.
The Main Change Imposed By The New Regulation Is The Requirement For Collective Bargaining Between Companies And Unions Before Allowing Work On These Days, Ensuring That Workers’ Rights Are Respected.
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Starting July 1, 2025, Companies Will Need To Establish Collective Agreements With Unions For Their Employees To Perform Their Duties On Sundays And Holidays.
This Measure Aims To Ensure Fair Compensation, Either In The Form Of Additional Payment Or Extra Time Off.
The Goal Is To Balance Employers’ Interests With The Need To Protect Labor Rights, Creating A Fair Work Environment.
What Changes With The New Ordinance?
With The New Regulation, Work On Holidays And Sundays Will Only Be Allowed Through Negotiation Between Companies And Unions.
This Dialogue Must Be Formalized Through Collective Agreements Or Conventions, In Which Compensation Terms Will Be Defined, Either Through Additional Pay Or Compensatory Time Off.
Furthermore, The Ordinance Reinforces The Need For Supervision, Ensuring That The New Guidelines Are Followed.
Companies That Disrespect The Regulation May Be Severely Penalized, Including Fines And Other Sanctions Provided For In Labor Legislation.
Another Highlight Is That The Measure Applies To All Sectors Operating On Holidays And Sundays, Ranging From Small Businesses To Large Retail Chains And Essential Services.
Why Was This Change Necessary?
The Requirement For Collective Negotiation Aims To Strengthen Labor Rights And Prevent Abuses In Scheduling Workers On Traditionally Reserved Days For Rest.
By Ensuring That Employees Are Fairly Compensated, The Government Aims To Establish A More Balanced Relationship Between Employers And Employees.
Additionally, This Regulation Encourages A More Transparent Dialogue Between Companies And Unions, Promoting Work Conditions That Are More Suitable To The Needs Of Each Sector.
What Remains The Same?
Despite The New Requirements, Some Rules Remain Unchanged.
Law 10.101/2000, Which Allows The Operation Of Commerce On Holidays, Remains In Effect.
However, Companies Will Need To Adapt To The New Regulations And Establish Collective Agreements To Operate On These Days.
Furthermore, The Rules Regarding Payment For Worked Holidays Also Remain The Same: Employees Continue To Have The Right To Double Compensation Or Compensatory Time Off.
The Distinction Between Holidays And Sundays Also Remains The Same; That Is, While Work On Holidays Requires Extra Pay Or Compensatory Rest, Work On Sundays Can Be Organized According To The Rules Of The Consolidation Of Labor Laws (CLT).
How Should Companies And Workers Prepare?
To Avoid Problems, Companies Should Start Negotiations With Unions As Soon As Possible, Ensuring That Their Contracts And Practices Comply With The New Legislation.
Those Who Take The Initiative And Seek An Understanding With The Unions Will Have A Better Chance Of Avoiding Labor Conflicts And Ensuring The Continuity Of Operations Without The Risk Of Penalties.
Workers Need To Stay Informed About Their Rights And Keep Up With The Changes The Ordinance Brings.
Seeking Information And, If Necessary, Getting Support From Unions Or Labor Specialists Will Be Essential To Ensure That The Established Conditions Are Fair.
Supervision And Penalties
To Ensure Compliance With The New Ordinance, The Ministry Of Labor And Employment Promises To Intensify Supervision.
Companies That Do Not Enter Into Collective Agreements But Continue To Require Employees To Work On Holidays And Sundays Will Be Subject To Severe Sanctions.
Penalties May Include Fines, Activity Bans, And Even Labor Lawsuits Filed By Unions Or The Workers Themselves.
The Goal Is To Ensure That The New Regulation Is Followed Broadly, With No Loopholes That Could Harm Employees.
Where To Get More Information?
Employers And Employees Who Wish To Understand The New Rules Better Can Access The Official Website Of The Ministry Of Labor And Employment, Where The Full Text Of Portaria No. 3.665/2023 Is Available.
Adherence To The New Rule Becomes Mandatory From July 1, 2025, And It Is Essential That Everyone Is Prepared For This Change In The Brazilian Labor Landscape.
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