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As of March 1, carrying out commercial activities in general on public holidays will require union authorization. In practice, the requirement for collective bargaining has been expanded, making union authorization the rule for holiday work in a large portion of retail and commercial activities. This scenario increases risk for companies: operating without union backing may result in administrative fines imposed by labor inspectors and in individual or collective legal claims.
Holiday work across various sectors of commerce had previously been permitted without the need for collective bargaining with labor unions, as provided for in Ordinance No. 671/21, whose subitems 1, 2, 4, 5, 6, 17, 18, 19, 23, 25, 27, and 28, under Item II – Commerce, of Annex IV, were revoked by Ordinance No. 3,665/2023. Work on Sundays, in turn, must be paid at least double, or compensated with an alternative weekly day off, ensuring at least one Sunday off per month. For women, this alternation must occur every two weeks, in accordance with the understanding of the Supreme Federal Court.
Therefore, it is essential that companies in the retail and commerce sector review how their activities are classified, verify the provisions of applicable collective bargaining agreements regarding holiday work, and, if necessary, negotiate a specific collective agreement. In exceptional situations—especially where there are difficulties in collective bargaining—seeking judicial authorization may be considered, based on principles such as economic freedom and free enterprise.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
