Brazil Officializes New Rules for Retail Work on Holidays

Brazil's Ministry of Labor and Employment (MTE) has officially enacted new regulations concerning retail work on public holidays, formalized on Tuesday, February 21st. This agreement, reached between worker and employer representatives, requires explicit authorization through Collective Bargaining Agreements (CBAs) for most retail operations to function on holidays. The new measures were finalized approximately one month after the initial enforcement date, which had been postponed at least five times. While most sectors must now adhere to this CBA requirement, certain activities already possess permanent authorization to operate on holidays and are exempt from this specific rule. The regulation partially revokes a 2021 decree from the previous administration that allowed holiday work without collective negotiation. The MTE stated that this change restores legality and emphasizes collective bargaining as a tool for balancing employer and employee interests. The updated rule is expected to impact only 12 out of 122 previously authorized activities, ensuring that holiday work conditions, such as double pay or compensatory time off, are pre-negotiated and monitored. Companies violating these new regulations face administrative fines and potential labor lawsuits, as highlighted by labor law specialist Fernanda Maria Rossignolli, who noted that non-compliance could lead to significant labor liabilities.