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New Rule for Workers Changes Operation on Sundays and Holidays from March. Ordinance from the Ministry of Labor Will Require Collective Negotiation for Commercial Activities on Holidays, Altering Routine of Companies and Employees.
The new rule for workers in Brazilian commerce, outlined in Ordinance No. 3,665/2023 from the Ministry of Labor and Employment (MTE), comes into effect on March 1, 2026 and promises to change how companies and employees handle work on Sundays and holidays. This measure requires collective agreement or convention for commercial establishments to open on dates considered national, state, or municipal holidays.
The announcement of the extension was made by Minister Luiz Marinho, who emphasized the importance of increasing dialogue between employers and unions before the definitive implementation of the new rules. According to him, the goal is to “ensure that everyone has time to negotiate balanced and sustainable solutions.”
What Changes with the New Rule
The main change brought by the ordinance is the return of the requirement for collective negotiation to authorize the operation of commerce on holidays. This requirement was already outlined in Law No. 10,101/2000, amended by Law No. 11,603/2007, but had been relaxed by Ordinance No. 671/2021, which exempted negotiation in some cases.
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Now, for stores, supermarkets, and other commercial establishments to open on holidays, it will be necessary to formalize an agreement with the union of the category.
This change places collective negotiation back as a central pillar in labor relations, strengthening the role of unions and ensuring that decisions are not made unilaterally by employers.
Impact for Employers and Employees
For employers, the new rule means greater planning and prior dialogue with union entities. Companies that rely heavily on commemorative dates to boost sales will need to anticipate negotiations to avoid losses.
For workers, the measure represents greater protection and the possibility of countermeasures, such as additional pay, compensatory time off, or improvements in working conditions.
The formal negotiation also prevents employees from being called in on holidays under previously unagreed conditions.
Why Collective Negotiation Is Central
Collective negotiation is a legal instrument that ensures a balance between economic interests and labor rights. By requiring that operations on holidays be approved through this process, the government seeks to value dialogue and cooperation between employers and employees.
According to the MTE, this approach reduces conflicts and strengthens legal security, as all terms are recorded and have legal validity. In sectors like retail and wholesale, where the pressure to open on strategic dates is high, this rule helps avoid abuses and strain in labor relations.
What to Expect Until March 2026
With the extension of the deadline, companies and unions have a year and a half to adapt and establish agreements compatible with local and sectoral needs.
The MTE believes that this extra time will allow for more detailed adjustments, considering different realities, such as national chains and small businesses.
Labor law specialists warn that negotiations should start as soon as possible to avoid delays and deadlocks. This is because, starting in March 2026, those without a signed agreement will not be able to open on holidays, under the risk of penalties established by law.
And you, what do you think about this change? Will the new rule for workers improve working conditions or harm commerce? Share your opinion in the comments.
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