Work on holidays changes in Brazilian commerce and new rule targets supermarkets, pharmacies, retailers, and companies under mandatory collective bargaining agreement.

Written by Caio Aviz

Published on 01/06/2026 at 16:28

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Understand what changes with the entry into force of the new rule for working on holidays in commerce, which sectors will depend on collective agreements, how negotiations between companies and unions will work, and what penalties may be applied in case of non-compliance with labor legislation

The new rule for working on holidays in commerce came into effect this Monday, June 1st, after successive postponements by the federal government.

Companies in 12 commercial activities now need a collective agreement to operate on these days.

The unilateral decision of the employer is no longer sufficient. Operating on holidays now depends on a formal agreement between companies and workers’ unions.

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Which sectors will be affected by the new rule

According to the Ministry of Labor and Employment, the rule does not change all previously authorized activities.

Only 12 of the 122 activities will depend on a collective agreement.

Among them are:

• Retailers of fish;
• Retailers of fresh meats and game;
• Retailers of fruits and vegetables;
• Pharmacies, including compounding pharmacies;
• Supermarkets and hypermarkets with predominant food sales;
• Commerce in ports, airports, roads, and stations;
• Commerce in hotels;
• General commerce;
• Wholesalers and distributors of industrialized products;
• Dealers of tractors, trucks, automobiles, and similar vehicles;
• General retail commerce.

How the authorization should work

In practice, according to Ordinance No. 3.665/2023, operating on holidays will depend on express authorization in a collective labor agreement.

Companies and unions must negotiate the conditions in advance.

The agreement may define double payment, compensatory time off, or extra benefits.

According to Fernanda Maria Rossignolli, partner at HRSA Sociedade de Advogados and specialist in Labor Relations, the main change is the resumption of union negotiation.

The lawyer states that work on holidays can only occur with express authorization in a collective agreement.

Compensatory time off and overtime must also be negotiated and monitored.

Companies may receive fines in case of non-compliance

With the ordinance in effect, companies operating without provision in a collective agreement may face administrative fines imposed by the Ministry of Labor.

According to Fernanda Maria Rossignolli, irregular operation can also lead to actions in the Labor Court.

Non-compliance with the requirements can result in significant labor liabilities and increase legal risks for companies.

The measure places unions, employers, and workers at the center of the negotiation regarding business operations on holidays.

Opening on these days now requires a formal agreement and adherence to the rules provided in current legislation.

With the new requirement in effect, are companies and workers prepared for this change in business operations on holidays?

Work on holidays changes in Brazilian commerce and new rule targets supermarkets, pharmacies, retailers, and companies under mandatory collective bargaining agreement.

Understand what changes with the entry into force of the new rule for working on holidays in commerce, which sectors will depend on collective agreements, how negotiations between companies and unions will work, and what penalties may be applied in case of non-compliance with labor legislation

Which sectors will be affected by the new rule

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Work on holidays changes in Brazilian commerce and new rule targets supermarkets, pharmacies, retailers, and companies under mandatory collective bargaining agreement.

Understand what changes with the entry into force of the new rule for working on holidays in commerce, which sectors will depend on collective agreements, how negotiations between companies and unions will work, and what penalties may be applied in case of non-compliance with labor legislation

Which sectors will be affected by the new rule

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How the authorization should work

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Great Atlantic Sargassum Belt has ceased to be a climatic phenomenon and has become a biological system that feeds on itself, with 8,000 kilometers in length, 37 million tons of algae, and scientists confirm that it is now permanent.

Brazil will harvest a record crop of up to 357 million tons of grains, but it does not have the capacity to store a large part of it. The storage deficit has reached the highest level in history and is equivalent to almost the entire production of Argentina.

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