On 14/11, Ordinance n. 3,665/2023, by the Ministry of Labor and Employment, which amends Ordinance MTP no. 671/2021, establishing new rules for work on Sundays and holidays in the general retail trade sector. The Ordinance determines that work will only be allowed on Sundays and holidays, provided that it is authorized at a collective agreement or by municipal law.

The previous rule allowed the working hours on Sundays and holidays provided there was direct agreement between employers and employees, without intermediation of unions, respecting the duty rights.

It is important to highlight that work on holidays should be paid double if there is no weekly compensatory time off. In addition to clearance, collective rules allow the activity performed on holidays to be part of the time bank. Exceived workers in 12 hours of work for 36 hours of rest, which are already compensated and paid for work these days, as provided in CLT.

The New Ordinance refers to the provision contained in art. 6-A of Law 10.101/2000 which provides that “work on holidays is allowed in the activities of trade in general, provided that it is authorized in collective labor agreement and observing the municipal legislation, pursuant to art. 30, item I, of the Federal Constitution. ” The rule except free markets, which can open on Sundays and holidays, without the need for collective agreement.

Therefore, the opening of retail trade on Sundays and holidays will depend on negotiation between the employer and professional union or by municipal law.

Changing the rule causes concern to representative entities of trade, mainly because it disregards the immediate impacts that this measure imposes on the sector, as well as disregards that some activities are essential. In addition, as the rule has already come into force, entrepreneurs did not have time to evaluate the new measure and promote adjustments in their business.

Thus, effective inclusion and dialogue with stakeholders for the construction of policies that take into account the complexity and dynamics of the business environment, seeking solutions that benefit not only entrepreneurs, but also society as a whole .

Flavia Alejandra Fernández de Goes

Lawyer

Head of the Labor Area