Brazil adopts new rules for retail work on holidays

The Ministry of Labor and Employment (MTE) under Minister Luiz Marinho signed a portaria on 21 July 2026 that regulates the operation of commercial establishments on public holidays. The new regulation requires that any shop or service that wishes to open on a holiday must have authorization in a collective bargaining agreement (Convenção Coletiva de Trabalho) between the sector’s unions and employers, ending the previous practice of unilateral employer decisions.

A list of essential or public‑interest activities is exempt and may operate without a collective agreement. The exempt categories include bakeries, pharmacies (including compounding), flower shops, barbers and beauty salons, fuel stations, retailers of liquefied petroleum gas (GLP), bike‑rental services, hotels, restaurants, bars, amusement venues with ticket fees, public fairs, residential building porters, tourism agencies, vehicle and boat rentals, trade‑show exhibitors, laundries (including hospital laundry) and funeral services. All other commercial sectors – notably supermarkets and general retail – must negotiate a collective agreement to work on holidays.

The rule, resulting from three years of tripartite negotiations, aligns with the Consolidated Labor Law (CLT) and municipal regulations. It was published in the Official Gazette and took immediate effect, with penalties for non‑compliance. The regulation applies only to holidays; Sunday work remains governed by existing law.