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New Rules for Holiday Work Come Into Effect and Promises to Change the Routine of Workers and Companies in Commerce and Services. Union Negotiation Becomes Essential for Operation on Holidays, Causing Significant Changes in the Market.
Starting on July 1, 2025, holiday work in commerce and services will undergo significant changes in the rules established by the federal government.
According to the Ministry of Labor and Employment (MTE), the new rules require companies to negotiate with unions before calling employees to work on holidays, which represents a significant change from the regulations in effect since 2021.
Previously, companies could require work on holidays without having to consult workers’ representatives, which changed with the new ordinance signed in 2023, but whose implementation was postponed until this year.
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According to the government, this measure aims to “restore legality” and respect a federal law enacted in 2000 that requires prior negotiation for commerce to operate on these days.
Union Negotiation Becomes Mandatory for Holiday Work
To understand the impact of this change, it is essential to remember that holiday work has generated debate for decades, as it involves labor rights, the economy, and consumer needs.
With the new rule, union presence in negotiations becomes mandatory, and the company that fails to comply with this requirement is subject to fines and other penalties outlined in the legislation.
The ordinance primarily applies to the commerce and services sectors, which represent a significant portion of the Brazilian labor market and traditionally operate on holidays to meet consumer demand.
However, activities that already had legal authorization to function on these days, such as sectors of tourism, leisure, and essential services, continue to operate normally without changes.
Compensation and Workers’ Rights Are Still Guaranteed
Another point that remains unchanged is the compensation for employees who work on holidays.
According to the legislation, workers are entitled to receive double pay for hours worked or to take compensatory time off on another day of the week, should they prefer.
This rule aims to protect workers’ rights and prevent abuses in calling them to work on these days.
Market Context and Flexibility
Changes in holiday work reflect a broader context of debates on flexibility and protection of workers’ rights in Brazil, especially in light of recent transformations in the labor market, such as the rise of e-commerce and the expansion of 24-hour services.
According to experts, the requirement for union negotiation can strengthen dialogue between employers and employees, preventing conflicts and ensuring better conditions for workers who operate on days traditionally devoted to rest and family time.
Conversely, the productive sector argues that the mandatory negotiation could bring bureaucratic hurdles and increase costs for companies, particularly for small and medium businesses that rely on holiday operations to maintain their sales and services.
Impacts for Consumers and the Economy
For consumers, this change may mean alterations in commerce operating on holidays, with possible impacts on product availability and service, especially on commemorative dates that historically generate significant movement, such as Christmas, Mother’s Day, and Black Friday.
According to data from the National Confederation of Commerce (CNC), Brazilian retail commerce has recorded significant increases in sales on holidays over the past years, making these days crucial for the local and national economy.
The government’s decision to reinforce the need for union negotiation aligns with a global trend of valuing collective dialogue in the labor world as a way to balance the interests of employers and employees and ensure compliance with labor laws.
Enforcement and Local Legislation Also Come Into Play
It is important to highlight that the Ministry of Labor maintains channels for reporting irregularities related to holiday work, seeking to ensure compliance with the law and protect workers’ rights.
In addition to federal regulations, states and municipalities may also have specific legislation regarding the operation of commerce on holidays, which requires entrepreneurs to pay attention to comply with local rules.
In light of these changes, unions advise workers to closely monitor negotiations and understand their rights to avoid being called to work without proper negotiation or correct payment.
Company Adjustments to the New Reality
Meanwhile, companies are preparing to adapt to the new reality, adjusting contracts, work schedules, and internal policies to comply with legislation starting in July.
The new rule regarding holiday work brings to the forefront the debate on valuing rest and the quality of life of workers, issues that have increasingly gained prominence on Brazil’s public agenda.
Do you agree with the requirement for union negotiation for holiday work? How do you think it might impact the routine of workers, companies, and consumers? Leave your opinion in the comments.
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