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The extended the deadline for the new rules regulating work on holidays in retail trade to come into force by 90 days, as published in MTE Ordinance No. 356/2026 by . The decision extends the time for employer and worker representatives to advance negotiations on the topic, in a context of seeking more dialogue and legal certainty in the sector.
The rule postpones the entry into force of MTE Ordinance No. 3,665/2023, which changes the regulation of work on holidays and reestablishes the requirement for authorization through a collective labor agreement between employers and employees, in accordance with Law No. 10,101/2000, amended by Law No. 11,603/2007. According to this legislation, the operation of commercial establishments on holidays depends on collective negotiation and respect for municipal legislation, replacing the unilateral authorization provided for in the previous Ordinance, No. 671/2021.
Bipartite working group
As part of the strategy to build consensus, Ordinance No. 356/2026 establishes the Retail Trade Working Group, composed of 20 members — half representatives of employers and half of workers — with the objective of presenting a regulatory proposal within 90 days. Entities will have five days from publication to nominate their representatives, and the group will meet at least twice a month with technical assistance from the MTE.
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Representatives of employers, such as National Confederation of Commerce of Goods, Services and Tourism (CNC), see the postponement and formation of the group as an opportunity to debate the topic in more depth and avoid legal uncertainty, especially in municipalities that currently do not have a collective agreement that regulates operation on holidays. Workers’ unions defend collective bargaining as an instrument to protect labor rights.
Practical implications
While Ordinance No. 3,665/2023 does not come into force, businesses continue to operate under the current rules, which allow work on holidays in accordance with agreements signed between employers and employees or in accordance with previous legislation. If the new regulations come into effect without collective agreements being signed, the operation of commerce on holidays could be prevented in some locations, creating operational insecurity.
The debate on the topic takes place in a year in which commemorative dates and holidays have a significant impact on retail sales, reinforcing the importance of collective bargaining to balance economic, social and labor interests in the sector.
