Amid intense discussions between traders and employees, the Ministry of Labor and Employment extended the entry into force of the Ordinance 3,665/2023which changes the rules for working on commercial holidays. The decision will be made official in publication on Official Gazette of the Union.
With the measure, the government extends the deadline for negotiations between representatives of employers and workers regarding the operation of supermarkets, pharmacies and stores on holidays.
Commission
As part of the agreement, a bipartite commission will be created made up of ten worker representatives and ten employer representatives. Entities will have five days to submit their names to the ministry.
The group will have up to 90 days to present a consensual proposal on the topic. Meetings will take place twice a month, with dates announced in the Official Gazetteunder technical assistance from the Ministry of Labor.
According to the government, the initiative reinforces the commitment to social dialogue and the search for balance in work relations.
Originally published in November 2023, the Ordinance 3,665 reestablishes the requirement for a collective agreement to authorize work on commercial holidays, as determined by the laws 10.101/2000 and 11,603/2007.
According to the rules, retail and wholesale companies that want to open on holidays must:
- Sign an agreement or collective agreement with the category union;
- Respect municipal legislation;
- Adjust internal practices that are still based on individual agreements.
The ordinance revokes a rule published in 2021, which authorized operation based on individual agreements with workers, a practice considered incompatible with current legislation.
Deadlock
Trade unions argue that the requirement only reinforces what is already provided for by law and prevents abuses during the working day.
Representatives of the business sector argue, however, that the measure could increase costs, increase operational unpredictability and mainly affect small traders.
The National Confederation of Commerce in Goods, Services and Tourism (CNC) warned of the risk of store closures in locations where there are no structured unions to negotiate agreements.
The debate gains relevance this year, when nine national holidays will fall on working days, expanding the number of dates potentially subject to collective negotiation.
The Ministry of Labor and Employment clarified that the ordinance does not change the rules on work on Sundays, which continue to be governed by current legislation and the Consolidation of Labor Laws (CLT).
