Ordinance No. 3,665/2023, published in November, changed the rules for working on Sundays and public holidays. It will come into effect on March 1, 2024 and modified the text of Ordinance/MTP No. 671/2021, revoking the authorization for various types of commerce to operate on public holidays without collective bargaining with the unions.
The measure mainly affects the retail trade, such as supermarkets, fish, meat, fruit and vegetable, poultry and egg retailers, as well as pharmacies. This requirement does not affect restaurants, bakeries, street markets and other sectors.
The change in the rules for working on Sundays and public holidays aims to strengthen trade union action, since it establishes the need for collective bargaining to establish work on Sundays and public holidays.
Despite the fact that it coincides with the rule inserted into the text of the CLT, through article 611-A, which expanded the autonomy of will of the parties to decide on the employment contract, establishing that what is agreed prevails over what is legislated, the revocation of the authorization expressed in the Ordinance could have a number of negative impacts for both companies and employees.
This is because, in addition to generating unplanned obligations for employers, who will need to start collective bargaining to continue activities on Sundays and public holidays, which could generate additional costs, there is also the possibility that, in a negative negotiation, there will be a need to reduce jobs, with layoffs as early as the first half of 2024.
It is therefore essential that companies take the necessary steps to carry out collective bargaining in order to regulate the adoption of work on Sundays and public holidays, under penalty of administrative notices and even lawsuits.
It is important for companies to have the proper legal support to establish the necessary practices to regulate the development of their activities, mitigating labor risks and ensuring greater legal certainty.
If you have any questions on the subject, our labor team is available to answer them.
