New regulation for working on holidays in the commerce sector in Brazil

If you work in the commerce sector in Brazil, you may be wondering how the new regulation for working on holidays will affect you. The Ministry of Labor and Employment announced on January 24, 2024, that a new ordinance will be published after Carnival, on February 19, 2024, to regulate this issue.

The new ordinance, which is the result of a broad negotiation between the representatives of workers and employers, will correct an illegality contained in the previous ordinance, which allowed working on holidays without collective bargaining. The new ordinance will confirm what the Law nº 10.101/2000, which regulated the work in the commerce sector in general, says: that working on holidays requires a prior agreement between the parties.

The new ordinance will also include an annex with a list of exceptions, indicating which sectors can work on holidays regardless of collective bargaining, such as gas stations and pharmacies. These are activities that are essential for the population and can save lives. The list of exceptions is expected to have more than 200 items, and will also cover sectors related to tourism and hospitality, such as hotels and restaurants.

The new regulation aims to balance the interests of workers and employers, as well as to respect the legal framework and the social function of work. The Ministry of Labor and Employment hopes that the new ordinance will contribute to the improvement of the labor relations and the quality of life of the workers in the commerce sector.