Brazil adopts new federal rules for holiday commerce operations
The Ministry of Labor and Employment (MTE) issued Portaria No. 1.316/2026, updating the nationwide framework for commercial activity on public holidays. The decree permanently authorises fifteen essential or continuous‑service sectors – including bakeries, pharmacies, florists, barbershops, fuel stations, hotels, restaurants, fairs, tourism agencies, vehicle rentals, laundries and funeral services – to operate without a specific collective bargaining agreement. All other retail activities must obtain explicit permission through a collective bargaining agreement between employer and worker unions.
The rule maintains existing regulations for Sunday work and aims to improve legal certainty, transparency and tripartite dialogue among government, employers and unions. Cities such as Teresópolis, which already had similar local arrangements through negotiated collective agreements, report little practical impact. Workers employed on holidays must receive a compensatory rest day within 30 days and additional remuneration covering transport, meals and a holiday premium.
The regulation reflects a broader federal effort to standardise holiday‑work conditions while preserving the role of collective bargaining for sectors not listed as essential.