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Ministry of Labor postpones the validity of the rule requiring collective bargaining for work on holidays in commerce

July 25, 2025

The Ministry of Labor and Employment (MTE), through Ordinance No. 1,066/2025, extended until March 1, 2026, the entry into force of the new requirements provided for in Ordinance No. 3,665/2023, regarding the mandatory prior collective bargaining for the operation of the commercial sector on national holidays.  

The previously amended regulation stipulated that, starting July 1, 2025, several companies in the commercial sector would be required to sign a collective bargaining agreement with their respective unions as a condition for calling their employees to work on holidays. However, to allow companies time to conduct appropriate union negotiations, a new ordinance was published extending the deadline for holidays.  

The mandatory collective bargaining for work on holidays will apply primarily to retail and wholesale commercial activities, excluding sectors already regulated by specific legislation. Beginning March 1, 2026, the following commercial activities will be subject to the formalization of a collective bargaining agreement for operating on holidays: Pharmacies; Supermarkets, markets, hypermarkets, wholesalers, and distributors; Establishments located in hotels, ports, airports, bus stations, railways, highways, and tourist resorts; Retail and wholesale trade in general.  

Other companies not covered by the above categories remain authorized to operate on holidays, as per previous regulations, until new specific regulations are issued.  

It should be noted that, even if work on Sundays and holidays is authorized, legal obligations regarding pay remain unchanged. Therefore, the company must guarantee double pay for work on these days, or, alternatively, grant compensatory time off, as provided for in the Consolidated Labor Laws (CLT).

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Rafael de Mello and Silva de Oliveira

(11) 3090-9195

Israel Carneiro Cruz

+55 11 3090-9195

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