Ordinance No. 3,665/2023 came into force on March 1, 2026, significantly changing the rules on working on public holidays for several economic sectors.

The change results from the partial repeal of provisions of Ordinance No. 671/2021, which previously granted automatic authorization for retail sectors considered essential to operate.

With the change, certain sectors now depend on a provision in a collective bargaining instrument to lawfully work on public holidays, under article 6-A of Law No. 10,101/2000, which makes work on public holidays in retail conditional on authorization by a collective bargaining agreement, subject to municipal legislation.

The impact is not uniform across sectors, so the regulatory change does not affect all activities in the same way. The distinction between “retail” and “services”, according to the classification kept in the annexes to Ordinance 671/2021, becomes decisive in assessing whether prior collective bargaining is required.

While part of the retail sector will now require a provision in a Collective Bargaining Convention or Collective Bargaining Agreement to operate on public holidays, other sectors may keep a permanent authorization, provided that the general rules on working hours, rest and applicable collective instruments are observed.

It is important to note that an individual agreement is not sufficient and does not replace the legal requirement for collective bargaining, as the rule requires union authorization.

In this scenario, companies should review their union classification and economic activity and carefully analyze the Collective Bargaining Convention in force to determine whether a Collective Bargaining Agreement needs to be executed. As precautionary measures, companies are also advised to review their internal policies on shift schedules and time compensation and to formalize clear criteria for work on public holidays.

Therefore, Ordinance No. 3,665/2023 is not merely a formal change in regulation; it requires practical attention from companies, which, by anticipating and reviewing their procedures, can reduce risks and maintain greater legal certainty in their activities.

Our Labor Law team is available to carry out this preventive analysis and help build safe and sustainable solutions for your business.