Working on Holidays in Retail
Ministry of Labor and Employment Ordinance No. 1,316/2026: What has changed?
On July 21, 2026, the Ministry of Labor and Employment (MTE) published Ordinance MTE No. 1,316/2026, which amends Ordinance MTP No. 671/2021 and establishes new rules for the operation of commerce on holidays. The regulation revokes Ordinance MTE No. 3,665/2023, which never came into effect due to successive postponements of its implementation, and resumes its central guideline, now with adjustments.
In summary, the ordinance reaffirms the provision already established in Law No. 10.101/2000: as a general rule, the operation of commerce on holidays depends on prior authorization established in a collective bargaining agreement (CBA) or collective agreement signed between employers' and workers' unions. The exception is limited to the activities expressly listed in item "II – Commerce" of Annex IV of MTP Ordinance No. 671/2021, which have permanent authorization to operate on holidays, regardless of collective bargaining.
It is important to highlight: the new ordinance does not alter the rules governing operations on Sundays, which remain unchanged under Law No. 10.101/2000.
Activities requiring permanent authorization.
The new wording restricts the list of activities exempt from collective bargaining to operate on holidays. Among the activities that remain permanently authorized, the following stand out:
- Sale of bread and biscuits (bakeries)
- Pharmacies
- Flower shops
- Barber shops and beauty salons
- Gas stations
- Retail sale of LPG
- Bicycle rental companies
- Hotels, restaurants, bars and similar establishments
- Amusement venues
- Open-air markets
- Doormen and gatekeepers of residential buildings
- Travel agencies and car rental companies
- Trade at fairs and exhibitions
- Hospital laundries
- Funeral services
For all other commercial activities in general — including general retail stores, supermarkets, and establishments in shopping centers — operation on holidays now requires express provision in a collective bargaining agreement.
Municipalities without a representative union
The ordinance also regulates the situation where there is no union representing the professional or economic category in the municipality. In these cases, the signing of the collective agreement must comply with the...
as stipulated in paragraph 2 of article 611 of the CLT (Consolidation of Labor Laws), which may imply the need for negotiation with federations or confederations, often located outside the region of the establishment.
Future changes to the list of exceptions
Any inclusion or exclusion of activities in the permanent authorization list will henceforth depend on tripartite consultation, with the participation of representatives of workers, employers, and the federal government — which provides greater stability and predictability (although also greater delays) to future revisions of the list.
Practical impacts for companies
- Retail businesses in general, supermarkets, and shopping malls: should check if the applicable collective bargaining agreement already includes authorization to operate on holidays. If there is no such provision, operating on those dates will depend on negotiation with the trade union (or, failing that, with the corresponding federation/confederation).
- Risk of fines and labor liabilities: opening on holidays without support from a collective bargaining agreement (CCT/ACT), outside of activities with permanent authorization, exposes the employer to tax fines and legal challenges regarding the validity of the work schedule, with repercussions on overtime, double pay for rest days, and other related benefits.
- Collective bargaining as a priority: it is recommended to anticipate negotiations with employers' and workers' unions to include a specific clause authorizing work on holidays in the coming calendar dates (such as the end-of-year break), avoiding the risk of forced closure or legal exposure.
- Sectors already governed by specific collective bargaining agreements: as already indicated by trade federations in various regions, in locations where the collective agreement historically included this authorization, the ordinance is more declaratory than innovative, not bringing about any immediate practical change.
Recommendations
- Review the current collective agreement or contract to check if there is a clause authorizing work on holidays.
- To map out, among the company's units and activities, which ones fall under the list of permanent authorizations and which ones depend on collective bargaining.
- To bring forward the holiday calendar for the second half of 2026 and to align the union negotiation agenda now.
- To guide the HR and labor compliance areas regarding the risks of fines and contingency plans resulting from irregular operations on holidays.
Our office is available to discuss this matter and answer any questions you may have.
Article written by: Rafael Mello, Israel Cruz and João Rezende.