Decree No. 9,127/17, published on August 17, amends Decree No. 27,048/49 to include in the list of essential activities for operation on Sundays and holidays the "retail trade of supermarkets and superstores, whose main activity is the sale of food, including the transport inherent to them".

Law No. 605/49 establishes the right of all employees to enjoy paid rest on at least one day of the week, preferably on Sundays and public and religious holidays, according to local tradition.

Decree No. 20,048/49, on the other hand, in laying down regulations with respect to Law No. 605/49, established exceptions to the obligation of enjoyment of weekly rest preferably on Sundays and public holidays in cases where the services are performed in the public interest, or when, because of the conditions peculiar to those activities or to the places where they are performed, it is indispensable that the work continue for all or some of the services.

In addition, article 7 of Decree 27,048/49 presented an exhaustive list of activities of companies that are not obliged to provide weekly paid rest on Sundays and public holidays, on a permanent basis. Examples include some branches of commerce, hospitals, clinics, travel agencies, and car rental agencies.

The recently published Decree 9,127/17 included in the list provided in article 7 of Decree 27,048/49, the "retail trade of supermarkets and superstores, whose main activity is the sale of food". The permanent authorization to operate granted to this segment became effective immediately on Sundays and public holidays, without the need for prior negotiation with the union or authorization from the Ministry of Social Security and Labor as a requirement to implement the change.

The form of remuneration or compensation for work on the abovementioned days, including any overtime, is unchanged. The employer must grant a compensatory rest day, under the terms of article 9 of Law No. 605/49, under penalty of double payment, without prejudice to remuneration pertaining to weekly rest (Binding Restatement No. 146 of the Superior Labor Court). If the compensatory rest is not granted, in addition to paying the aforementioned remuneration, the company will be subject to penalties to be applied by the competent supervisory bodies.