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Brazil Requires Collective Bargaining for Some Holiday Commerce

The government says the change restores alignment with Federal Law No. 10.101/2000 and strengthens unions' negotiating power.

Overview

  • The Ministry of Labor rule, which took effect Monday, June 1, 2026, requires a signed collective bargaining agreement before businesses in 12 specified commerce categories may operate on holidays.
  • The measure covers a limited list of activities including supermarkets, pharmacies, fresh-food retailers, commerce in ports and transport terminals, hotels, wholesalers and vehicle resellers.
  • Collective agreements must set conditions for holiday work such as double pay, compensatory time or extra benefits and must also respect applicable municipal rules.
  • Companies that ignore the requirement face Ministry of Labor inspections, administrative fines and potential labor lawsuits, and the rule revokes part of a 2021 order that had allowed unilateral employer decisions.
  • The portaria was first published in 2023 and was postponed several times while a bipartite commission of employer and worker representatives sought consensus, so unions now regain formal leverage in holiday work negotiations and businesses will need to negotiate new agreements or risk disruption.