Regulation on working on holidays takes effect: understand the changes

New rules underscore the importance of labor compliance

On June 1, MTE Ordinance No. 3,665/2023 went into effect, requiring a collective bargaining agreement to authorize work on holidays in certain commercial sectors. The regulation had been postponed at least five times by the federal government.

From now on, certain commercial activities may only operate on holidays if there is a signed agreement between employers and labor unions. A unilateral decision by the employer, therefore, is no longer sufficient to allow work on those days.

Among the affected sectors are wholesalers and distributors, the retail sector in general, pharmacies, and establishments located in hotels, ports, airports, and bus and train stations.

The collective bargaining agreement must specify the conditions for working on holidays, such as double pay, compensatory time off, or other benefits. Companies must also comply with municipal laws.

According to the Federal Government, the measure is in line with Law No. 10,101/2000. Companies that fail to comply with the rule may be subject to administrative fines and face legal action in labor court.

Labor Compliance

Having access to expert guidance is essential for navigating Brazil’s complex labor environment. The DPC team supports employers in managing the challenges in this area, ensuring compliance with current regulations. Contact us: dpc@dpc.com.br.