In Brazil, the Ministry of Labor and Employment (MTE) announced, through Ordinance MTE No. 1,066/2025, a new postponement of the enforcement of Ordinance No. 3,665/2023, which significantly alters the rules for work on Sundays and holidays in the commerce sector.
According to the Ministry, the purpose of the postponement is to extend the timeframe for collective bargaining between companies and unions, allow gradual adaptation of the sector to new requirements, and assess the economic impacts of the measure in the current post-pandemic recovery scenario.
The regulation establishes that, to maintain operations on Sundays and holidays, commerce companies must necessarily obtain authorization through a collective agreement or collective labor agreement, in addition to observing applicable municipal legislation. This requirement represents an important structural change, considering that the current model allows greater flexibility, based on general authorizations provided in previous ordinances.
We highlight three critical points that deserve attention:
1. Mandatory Union Negotiation: It will be necessary for companies to conduct negotiations with representative unions of their categories to ensure the continuity of operations on Sundays and holidays starting March 1, 2026. Therefore, negotiations must take place before this date.
2. Review of Work Schedules: There will be a need to review and possibly restructure the current scheduling models, adjusting shifts, breaks, and operational processes to future legal requirements.
3. Legal Compliance and Risk Mitigation: Companies are recommended to evaluate their internal procedures in advance, reviewing employment contracts, collective agreements, internal regulations, and HR practices with the support of specialized legal advice, in order to prevent labor liabilities and sanctions.
The postponement should be seen as a strategic preparation window; it is recommended to initiate dialogue with representative unions of the involved categories, review internal policies regarding work hours and schedules, and plan operational adjustments and contingencies. Companies that anticipate and structure their internal negotiation processes, schedule management, and legal compliance will be in a more secure and stable position when the regulation effectively comes into force in March 2026.
We emphasize that the postponement until March 2026 does not eliminate the future obligation of compliance; it only extends the timeframe for companies to act with planning, strategy, and legal security.
