The publication of MTE Ordinance No. 1,316, dated July 21, 2026, introduced an important clarification regarding work performed on public holidays in retail and commercial activities. The regulation replaces the rules previously established by MTE Ordinance No. 3,665/2023 and seeks to align administrative regulations with Article 6-A of Law No. 10,101/2000, providing greater legal certainty in employment relations.

Under the new regulation, work on public holidays in commercial activities will, as a general rule, require authorization under a Collective Bargaining Agreement, in addition to compliance with applicable municipal legislation. Companies in the sector must therefore verify whether the relevant collective bargaining instrument authorizes operations on public holidays and which conditions must be observed, such as compensatory time off, additional pay, or other forms of compensation that may have been negotiated between the unions.

The Ordinance, however, preserves permanent authorization for certain activities whose nature requires continuous operation or which are considered essential, such as pharmacies, gas stations, hotels, restaurants, bars, bakeries, flower shops, funeral homes, laundries, and other activities expressly listed in Annex IV. In these cases, work on public holidays remains authorized, without prejudice to compliance with all other applicable labor regulations.

It is important to note that the new regulation applies exclusively to work on public holidays and does not amend the rules governing Sunday work, which remain regulated by Law No. 10,101/2000 and other applicable legislation.

In light of this new framework, companies are advised to review their collective bargaining agreements, assess whether any specific municipal legislation applies, and, where necessary, adjust their work schedules and internal procedures. Adopting preventive measures helps reduce the risk of administrative penalties, labor liabilities, and legal disputes, thereby providing greater legal certainty for business operations.

Our team remains available to assess how MTE Ordinance No. 1,316/2026 applies to each company’s specific circumstances, provide guidance on the applicable statutory and collectively bargained requirements, and offer the necessary support to ensure compliance with the new rules.

By Dra. Cássia Regina Ramos