After the frenzy of Christmas sales, the end of school holidays, and Carnival, MTE Ordinance 3,665/23 issued by the Ministry of Labor and Employment (MTE) is once again taking center stage. The regulation revoked the automatic authorization for certain commercial activities to operate on holidays.
Last year, when many companies were already negotiating with labor unions the opening of establishments on those dates, the MTE itself decided to postpone the ordinance's effective date to March 1, 2026. This measure led to the immediate suspension of most of the negotiations then underway.
It was the sixth time the ordinance's effective date had been postponed by the MTE.
In 2026, the issue takes on new political and economic dimensions. This is an election year, and the Government has already signaled that, after Carnival, it intends to submit to the National Congress, under an urgency regime, a bill to abolish the 6×1 work schedule — a measure that particularly affects the retail sector and commerce in general.
By its very nature, retail depends on operational flexibility, especially during commemorative dates and seasonal periods. These are precisely the moments most impacted by the restrictions imposed by both MTE Ordinance 3,665/23 and Proposed Constitutional Amendment (PEC) 148/15.
In this context, collective bargaining ceases to be merely a legal requirement and becomes more and more as a strategic instrument for operational planning, capable of meeting workers' needs as well as consumer demands.
Negotiations to authorize holiday work may even serve as a means of bringing employers and labor union closer together. Companies that previously maintained no dialogue with labor union representatives now find in them important support for maintaining their business operations.
It is important to note that operating establishments in violation of the Ordinance may result in fines imposed by the MTE, in addition to direct action by the Labor Public Prosecutors’ Office in defense of any affected employees.
Given this scenario, two conclusions are warranted. The first is that retail — the sector that employs the most people in Brazil — is at the center of the main legislative discussions precisely in an election year. The second is that collective bargaining will play a decisive role in the sector's adaptation to the new rules, especially considering the application of Theme 1,046 of the Brazilian Supreme Court (STF), which established the prevalence of negotiated terms over statutory provisions.
For more details on the MTE Ordinance 3,665/23, access our article published at the time of its issuance: New Rules for Holiday Work in Commerce.
