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I work on Sundays and holidays: see what changes for CLT professions with the new law
If you work in commerce or any other of the CLT professions and were worried 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 would tighten the reins for those who need to clock in on these days. Scheduled to come into force in January 2024, now the new law will only appear in January 2025. This decision was published in the Official Gazette of the Union on July 29, 2024, so it is official, with no return.
What happened for this new law to be postponed?
The postponement of this new law was not out of the blue. The government, businesspeople, unions and even the National Congress were struggling to reach a consensus. On the business side, the concern was about the economic impact — after all, changing work rules on Sundays and holidays can be heavy on your pocket, especially in commerce. Unions have stepped up to ensure that workers have the right to rest, the famous time to enjoy the weekend and holidays with the family.
And in the midst of this tug of war, it was decided that another year of negotiations is the best path. With this extra time, the expectation is that all parties involved can reach an agreement that is fair to both employers and workers in the CLT professions.
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What are the new rules of the new law?
Now let's get down to business: What does this new law change about work on Sundays and holidays? The 2023 Ordinance, which was published in November, brought some significant changes. First, it revokes a previous decree from 2021, which had given a certain amount of time off to business owners, eliminating the need for union authorization to work on those days.
With the new law, the game has changed. Now, to force someone to work on a Sunday or holiday, they must have the union's approval, and on top of that, respect municipal rules and collective agreements. In other words, it is no longer possible to schedule employees without the unions watching and giving their OK.
What will collective agreements look like?
Collective agreements will be key to allowing staff in CLT professions to work on these days. These agreements are like a contract between employers and worker representatives, and need to be negotiated carefully to ensure that no one loses out.
The new legislation states that it will only be allowed to work on Sundays and holidays in essential sectors, such as healthcare, pharmacies and public transport, or in specific activities that have their own laws. And there's more: whoever gets their hands dirty on these days will be entitled to compensatory time off on another day of the week. And none of this lasts forever, collective agreements will have to be reviewed from time to time to ensure that conditions remain fair.
And now, what to expect?
With this postponement, the Ministry of Labor and Employment will continue conversations with all parties involved. The goal is that, by January 2025, everyone is aligned on how the new law will work in practice. And with this extra time, the idea is that all pending issues are resolved, 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 force, it will bring a nice balance between the professional and personal lives of workers in the CLT professions.
For now, the ball is in the court of the government, unions and businesspeople. And we'll have to wait a little longer to see how this all plays out.
If you work in one of the CLT professions and are interested in this issue of working 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.
