May 1st, Labor Day, which is celebrating its 99th anniversary in Brazil, is a very important date for workers governed by the Consolidated Labor Laws (CLT). Although most workers are entitled to time off, some essential sectors are allowed to operate, provided they offer compensation such as a second day off, double pay, or time bank, as per collective bargaining agreements. The recent discussion over Ordinance 3.665 of the Ministry of Labor and Employment, which limited work on holidays for sectors such as retail, generated intense debate and led to its revocation. Now, a draft legislative decree seeks to regulate these issues, especially in retail, where there are disagreements about the essential nature of sectors such as supermarkets.
Attorney Daniel Chiode, of Chiode Minicucci Advogados Littler, emphasizes that compensation for work on holidays cannot be made with Sunday off, as this is a regular day off. He emphasizes the importance of workers accessing their collective agreements to understand their rights, explaining that in the event of a conflict between the agreement and the Consolidation of Labor Laws (CLT), the agreement prevails. Chiode also mentions that hypersufficient employees, those with higher education and who receive double the Social Security ceiling, can negotiate individual agreements without the need for union intervention.
The article concludes with the expectation that discussions regarding holiday work will be resolved soon, highlighting the need for collective agreements or conventions to ensure adequate compensation for workers called to work on these days. The new ordinance, which was scheduled to come into effect in March, was suspended for 90 days, with implementation scheduled for June 1st, reflecting the complexity and importance of the issue for the economy and labor rights in Brazil.
Article originally published on April 29, 2024, on the Folha de S. Paulo website. To access the article, click at this link.
English 
Português do Brasil 
Español