Protection of Paid Weekly Rest, one of the pillars of the Consolidation of Labor Laws (CLT), has in recent years been subject to considerable legal uncertainty. Legislators and the judiciary have historically sought to balance the fundamental right of workers to leisure and disconnection with the constitutional principles of free enterprise and the pursuit of full employment.
As a general rule, Article 70 of the CLT expressly prohibits work on national and religious holidays. However, the legislation itself provides exceptions for activities that, by their nature or public necessity, require operational continuity.
In the commercial sector, Law No. 10,101/2000 established a specific framework: work on holidays in general commercial activities is permitted only if expressly authorized in a Collective Bargaining Agreement (CBA) and in compliance with municipal legislation.
Regarding this latter point, it is important to note the binding precedent No. 38 of the Federal Supreme Court (STF), which enshrines the municipality’s authority to set commercial operating hours, requiring a dual-layered analysis (collective norm and local law) by legal practitioners.
To regulate the matter, the Ministry of Labor and Employment (MTE) initially issued Ordinance No. 671/2021, which, in Annex IV, broadly and permanently authorized Sunday and holiday work for an extensive list of commercial activities, thereby relaxing the directive of Law No. 10,101/2000.
In a diametrically opposite movement, Ordinance No. 3,665/2023 subsequently revoked provisions of the previous ordinance (No. 671/2021), reinstating the requirement for collective bargaining authorization in the commercial sector.
To strengthen legal certainty, MTE Ordinance No. 1,316 was published on 22 July 2026. This new legal instrument fully revokes Ordinance No. 3,665/2023 and redesigns the operation of commerce on holidays by establishing objective criteria.
The new regulation redefines holiday commercial operations by fixing objective criteria:
Article 2 of the ordinance amends Item "II – Commerce" of Annex IV to Ordinance MTP No. 671/2021, establishing that only fifteen (15) commercial activities now have permanent authorization to operate on holidays (without requiring provision in a collective norm):
• bread and biscuit sales;
• retail sale of pharmaceutical products (pharmacies, including prescription compounding);
• flowers and wreaths;
• barbershops and beauty salons;
• fuel, lubricant, and automotive accessory depots (gas stations);
• retail sale of liquefied petroleum gas (LPG);
• bicycle and similar rentals;
• hotels, restaurants, bars, and similar (lodging, prepared food, and retail beverage establishments);
• entertainment venues, including paid-entry sports venues;
• open-air markets;
• doormen and elevator operators in residential buildings;
• travel agencies, vehicle and vessel rentals;
• commerce at fairs and exhibitions;
• laundries and hospital laundries; and
• funeral service establishments.
For all other commercial activities (including supermarkets, hypermarkets, department stores, and clothing retail), holiday work now mandatorily requires authorization provided in a collective norm (CBA).
From a corporate perspective, this change reintegrates professional unions as central actors in the operational planning of large-scale retail, demanding a much more mature, strategic, and proactive "social dialogue" from companies, under penalty of abrupt business interruption, thereby privileging collective rights and negotiated conditions.
In territorial jurisdictions where there is no representative union for the professional or employer categories, the conclusion of a collective agreement must comply with the negotiation procedure set forth in Article 611, §2, of the CLT, transferring bargaining legitimacy to the respective Federations or, in their absence, to the Confederations.
It is worth highlighting that MTE Ordinance No. 1,316/2026, by amending Article 62 of Ordinance MTP No. 671/2021, inserted paragraph 1, emphasizing the technical distinction between Sunday and holiday work. Sunday work in the commercial sector remains regulated and authorized by Law No. 10,101/2000, while the new Ordinance applies exclusively to work on holidays.
The irregular engagement of employees on holidays by establishments not included in the exhaustive list of Annex IV and lacking authorization in a collective norm entails several legal risks:
• subject to inspections, sanctions, and fines by the MTE;
• initiation of Civil Inquiries by the Labor Prosecutor’s Office (MPT);
• negotiation of Terms of Adjustment of Conduct (TAC);
• filing of Public Civil Actions and Labor Claims (substantially increasing labor liabilities, including the risk of double payment for holiday work).
MTE Ordinance No. 1,316/2026, effective immediately upon publication, reconciles the preservation of essential and public utility services with Article 7, XXVI, of the Federal Constitution, which grants autonomy and recognition to collective bargaining.
Moreover, the Ordinance reflects the current direction set by the Federal Supreme Court (STF – Theme 1046 of General Repercussion), which recognizes collective bargaining as a legitimate and appropriate instrument to address the complexities inherent to economic development and the enhancement of human labor.
This moment requires employers to adopt a preventive posture, imminently reviewing their collective instruments to ensure full compliance with the new regulatory reality.
Maria Fernanda Rezende is a senior lawyer at PCFA – Pedro Calmon Filho & Associados, specializing in Maritime Law and Corporate Labor Law. She holds a Master’s degree from the University of Lisbon and a Bachelor’s degree from PUC-Rio, and advises national and international companies on consultancy, compliance, and complex litigation matters.
Pedro Calmon Neto is a partner at PCFA – Pedro Calmon Filho & Associados and one of the leading national experts in Maritime and Port & Offshore Labor Law. Responsible for the modernization and strategic expansion of the firm, he has led the Maritime and Labor Law practices for nearly two decades, advising shipping companies, offshore operators, and oil & gas organizations on matters such as environmental licensing, charter contracts, offshore labor regimes, and regulatory risk management. Renowned for his technical depth and integrated sectoral vision, Pedro has been a prominent voice in debates on legal certainty, regulatory risk, and the sustainability of maritime activities in Brazil.
About PCFA – Pedro Calmon Filho & Associados: Founded in 1964 by jurist Pedro Calmon Filho, PCFA is one of Brazil’s most traditional and respected law firms, with a specialized focus on Maritime Law. With over six decades of experience, the firm has become a national reference for legal services to port, shipping, and offshore companies, offering strategic and advisory solutions in civil, labor, regulatory, and contractual matters. Since 2008, with the consolidation of its Maritime Labor Law practice—which now represents around 80% of its operations—PCFA has established itself as a leading name in the defense of operators and companies connected to the blue economy. Headquartered in Rio de Janeiro and with an active presence in São Paulo, Santos, Vitória, and Paranaguá, the firm combines tradition and technical excellence with the ongoing modernization of its legal services.