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Work on Sundays and Holidays: See What Changes for CLT Professions with New Law
If you work in retail or any other CLT professions and were concerned about the new rules for working on Sundays and holidays, you can breathe a little easier (or not). The Ministry of Labor and Employment (MTE) has just postponed Ordinance 3,665/2023, which was going to tighten the reins for those who need to clock in on those days. Originally set to take effect in January 2024, now the new law will only come into effect in January 2025. This decision was published in the Official Gazette on July 29, 2024, so it is official and irreversible.
What Happened for This New Law to Be Postponed?
The postponement of this new law didn’t happen out of nowhere. The government, business owners, unions, and even Congress were in a tug-of-war to reach a consensus. On the business side, the concern was about the economic impact — after all, changing the rules for working on Sundays and holidays can hit the pockets, especially in retail. The unions have insisted on ensuring that workers have the right to rest, that precious time to enjoy weekends and holidays with family.
And in the middle of this tug-of-war, it was decided that another year of negotiations would be the best path. With this extra time, the hope is that all parties involved can reach an agreement that is fair for both employers and CLT workers.
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What Are the New Rules of the New Law?
Now, let’s get to the point: what does this new law change regarding work on Sundays and holidays? The 2023 Ordinance, which was published in November, brought some significant changes. First, it repeals a previous ordinance from 2021, which had granted some leeway for business owners by eliminating the need for union authorization to work on those days.
With the new law, the game has changed. Now, to require someone to work on a Sunday or holiday, union approval must be obtained, and municipal regulations and collective agreements must also be respected. In other words, it is no longer acceptable to assign employees without union oversight and their approval.
How Will Collective Agreements Be Affected?
Collective agreements will be key to allowing CLT professionals to work on those days. These agreements are like contracts between employers and worker representatives and need to be carefully negotiated to ensure that no one comes out at a disadvantage.
The new legislation states that working on Sundays and holidays will only be permitted in essential sectors, such as health, pharmacies, and public transport, or in specific activities that have their own laws. And there’s more: anyone who works on these days will be entitled to compensatory time off on another day of the week. And none of this is permanent; collective agreements will have to be reviewed periodically to ensure that conditions remain fair.
And Now, What to Expect?
With this postponement, the Ministry of Labor and Employment will continue discussions with all parties involved. The goal is for everyone to be aligned on how the new law will function in practice by January 2025. With this extra time, the idea is to resolve all pending issues, benefiting both workers and employers.
The postponement of Ordinance 3,665/2023 is seen as an opportunity to make fine adjustments and improve working conditions in Brazil, taking into account the needs of all sectors. The expectation is that when the new legislation comes into effect, it will bring a good balance between the professional and personal lives of CLT workers.
For now, the ball is in the court of the government, unions, and business owners. And we will have to wait a little longer to see how all this will unfold.
If you work in one of the CLT professions and are following this issue regarding work on Sundays and holidays, how about sharing your opinion? Comment below what you think of this new law and the postponement of the new rules.
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