Holiday work in retail now requires Collective Bargaining Agreement: new rule is already in effect

The change affects pharmacies, supermarkets, and other retail segments, reinforcing the role of collective bargaining in workforce scheduling

As of June 1, 2026, Ordinance No. 3,665/2023, issued by Brazil's Ministry of Labor and Employment (MTE), has entered into force following successive postponements. The regulation establishes that certain retail establishments may only operate on public holidays when expressly authorized by a collective bargaining agreement (CBA) negotiated between employers and employee representatives.

The ordinance updates rules previously set by Ordinance No. 671/2021 and reinforces the provisions already outlined in Law No. 10,101/2000, as amended by Law No. 11,603/2007. According to the federal government, the measure aims to align administrative procedures with current labor legislation and strengthen collective bargaining as the primary instrument for defining working conditions on these dates.

Which sectors are affected by the change

The new requirement does not apply to all businesses authorized to operate on public holidays — only those segments previously exempt from collective bargaining are now required to hold a CBA. The affected sectors include:

• Retail of meat, fish, fruits, and vegetables

• Pharmacies

• Supermarkets and hypermarkets

• Hotels

• Establishments located in seaports, airports, and bus terminals

• General retail trade

• Wholesalers and distributors of manufactured goods

• Dealerships of vehicles, trucks, tractors, and similar equipment

• Regional product retailers in hydro-mineral resorts

The end of unilateral employer decisions

From this point forward, employers can no longer independently determine whether their business will operate on a public holiday. HR and legal teams must first verify whether a valid CBA is in place authorizing such operations. Negotiated clauses may include employee compensation provisions such as double pay for hours worked, compensatory time off, or other benefits agreed upon during union negotiations.

Municipal regulations remain in force

In addition to the CBA requirement, companies must comply with specific local ordinances governing holiday operations, which vary by municipality. Labor specialists recommend that HR departments conduct a thorough review of the applicable collective instruments before scheduling employees for holiday shifts.

Labor compliance risks and workforce audits

Operating without CBA backing may result in administrative penalties during MTE labor inspections and increase exposure to employment litigation involving holiday pay, compensatory time off, and other entitlements established in collective agreements. Regular auditing of CBAs and close alignment between HR departments, payroll teams, and legal counsel are essential to mitigate labor liability.

What changes in day-to-day HR and payroll operations

The new rule requires HR, legal, and accounting teams to review their procedures for employees who work on public holidays. Beyond confirming the existence of a CBA, it will be necessary to monitor the specific clauses negotiated for each employment category — including compensation structures, working time arrangements, and leave entitlements. Workforce scheduling on holidays must now factor in not only operational needs, but also the conditions set forth in collective agreements and applicable municipal legislation.

Conclusion

The enforcement of this ordinance reinforces the central role of collective bargaining in labor relations and expands employers' compliance obligations around holiday workforce management. To reduce the risk of penalties and labor liabilities, organizations must keep their CBA documentation up to date and rely on a payroll and HR operations structure equipped to monitor regulatory changes.

DBS Partner closely tracks updates to Brazilian labor legislation to help businesses keep their payroll management and HR operations fully compliant. Get in touch with our team and find out how we can support your organization.

Tags: Collective Bargaining Agreement, Retail, Labor Legislation, Human Resources, Payroll Management