Starting July 1st, companies in the commerce and services sectors will need to adapt to changes introduced by Ordinance No. 3.665/2023, which modifies how these sectors operate on Sundays and holidays. The main change is that, to open on holidays, companies must establish a collective agreement with the relevant labor unions.

This measure directly impacts business operations, requiring companies to review work schedules, contracts, and personnel management practices to comply with the new regulation. Automatic permissions to operate on holidays — previously valid for sectors such as supermarkets, pharmacies, and butcher shops — will no longer apply. In many cases, companies will need to negotiate specific agreements with unions or rely on municipal laws.

Attorney Mirella Pedrol Franco warns that the new scenario demands heightened attention: “Collective bargaining takes time and resources, requiring a more proactive role from human resources to ensure compliance.”

Sundays remain authorized, but holidays require a collective agreement

Work on Sundays is still allowed, as long as it adheres to the rules established in the CLT (Brazilian Labor Code), such as shift rotation and paid weekly rest. However, operating on holidays now requires specific authorization through a collective agreement or municipal law. Street markets remain exempt from this requirement.

Direct impacts on business operations

The new rule brings important practical implications. In addition to increased bureaucracy, there may be higher operational costs due to overtime payments, the need to restructure work schedules, and adjustments in time tracking. In some cases, companies will need to request direct authorization from the Ministry of Labor and Social Security to operate on holidays.

According to Mirella, “these adjustments can directly impact revenue, especially for businesses that rely on holiday activity to maintain cash flow.”

How to comply with the new legislation

Companies of all sizes — including micro and small businesses — should start taking steps as soon as possible to adapt to this new reality. Recommended steps include:

• Initiate dialogue with unions to establish agreements;
• Update contracts and internal policies;
• Reorganize schedules and time tracking systems;
• Review the applicable municipal legislation;
• Request formal authorizations when necessary;
• Communicate the changes to employees.

Failure to comply with the new requirements can result in fines, labor lawsuits, and additional charges. The rules apply to both new contracts and those already in effect.

Experts highlight challenges and opportunities

Despite operational challenges — particularly for small businesses — experts suggest the change could lead to more balanced and organized labor relations. Union involvement can offer greater predictability and legal security for companies, provided they are prepared to meet the legal requirements.

Source: https://www.imagemdailha.com.br/blog/nova-lei-muda-rotina-de-quem-trabalha-em-feriados.html