Changes in Labor Legislation: as of July 2025, new labor legislation will come into force that significantly changes the rules regarding work on Sundays and public holidays, with a direct impact on labor relations.
The new system aims to make the traditional rules on weekly rest and compensation for work on non-working days more flexible, promoting greater adaptation to the needs of various economic sectors.
Below, we explain the main aspects of the change, the areas that will be most affected and the impacts that the reform could have on companies.
1. A he new regulations: making weekly rest and working on public holidays more flexible
The Ministry of Labor and Social Security had published MTP Ordinance No. 671/2021, permanently authorizing work on Sundays and public holidays for various activities, as provided for in art. 68 of the CLT. However, this rule was modified with the publication of MTE Ordinance No. 3,665/2023, which revoked the automatic authorization to work on these days in various segments of commerce, restricting the practice.
To postpone the effects of this change, MTE Ordinance No. 2,088/2024 was published, extending the validity of MTP Ordinance No. 671/2021 until June 30, 2025. As a result, until that date, the authorizations to work on Sundays and public holidays provided for in the 2021 Ordinance remain valid, without companies being penalized, as long as they pay or compensate for the hours worked.
However, as of July 1, 2025, work on Sundays and public holidays will no longer be authorized permanently in some segments of commerce, although it may be authorized by collective bargaining agreement or convention and in compliance with municipal legislation, under the terms of article 30, item I, of the Federal Constitution and article 6-A of Law 10,101/2000.
2. Trade segments
MTE Ordinance No. 3,665/2023 revokes the permanent permission to work on Sundays and public holidays for the following sectors:
II – TRADE
1) Fish retailers;
2) retailers of fresh meat and game;
4) Fruit and vegetable retailers;
5) poultry and egg retailers;
6) pharmaceutical retailers (pharmacies, including prescription handling);
17) trade in regional goods in the hydro-mineral resorts;
18) trade in ports, airports, roads, bus and train stations;
19) hotel business;
23) commerce in general;
25) wholesalers and distributors of industrialized products;
27) dealers in tractors, trucks, cars and similar vehicles; and
28) retail trade in general
3. Impacts and Actions for Companies
With the revocation of the permanent authorization for the commercial activities in question, companies wishing to maintain their work schedules on Sundays and public holidays must seek collective bargaining in order to agree on the authorization and working conditions with the trade union.
Collective bargaining must include:
- Review of work schedules: review of work schedules and adjustment of weekly days off, taking into account applicable legislation.
- Adjusting Collective Agreements: it will benecessary to update or sign new collective labor agreements with the unions, establishing the rules for compensating hours and rest, according to the specifics of each sector.
- Training and communication with workers: to ensure that all employees understand the changes and their rights, it is essential to invest in awareness and training programs. Clear and effective communication will help avoid misunderstandings and possible legal disputes.
- Adaptation of Human Resources Processes: companies will need to review their internal processes for managing working hours, records of hours worked and compensation, in order to ensure compliance with legislation and minimize the risk of labor liabilities.
Conclusion
MTE Ordinance No. 3.665/2023, which comes into force in July 2025, represents an important change in the rules for working on Sundays and public holidays in the retail sector. However, its implementation will require careful management on the part of the companies affected, with special attention to negotiating collective agreements and adapting work schedules.
The company that adequately prepares for these changes, ensuring compliance with the new law, could reap significant benefits in terms of operational efficiency, employee satisfaction and competitiveness in the market.
Doubts and questions?
Our labor team is aware of the changes in legislation and is prepared to advise you on how to adapt to the new regime, according to the new changes in labor legislation.
