Extension of the Term of MTE Ordinance No. 3,665/2023

In brief

On June 18, 2025, MTE Ordinance No. 1,066 was published in the Federal Official Gazette, extending the effective date of MTE Ordinance No. 3,665/2023 to March 1, 2026.

In more detail

MTE Ordinance No. 3,665/2023, originally scheduled to take effect on March 1, 2024, revokes the permanent authorizations for work on Sundays and holidays provided for in previous regulations, such as MTE Ordinance No. 2,088/2022 (expressly revoked for December 20, 2024). The new rule introduces substantial changes in labor relations in commerce, with a direct impact on employers and workers.

Among the main points addressed in MTE Ordinance No. 3,665/2023, whose effects are postponed, are:

• The revocation of permanent authorizations for work on Sundays and holidays in commercial sectors, requiring new authorization based on a collective bargaining agreement and on specific municipal legislation that allows operation on those days.
• The redefinition of the nature of open-air markets, which are no longer considered an essential activity automatically authorized for work on holidays.
• The need for prior collective bargaining, even for sectors that historically operated on the basis of permanent authorization.

Thus, among the main impacts, we highlight the obligation to verify municipal legislation and negotiate with labor unions to ensure the legality of providing services on Sundays and holidays and the increased exposure to labor risks in case of non-compliance, with the possibility of fines and lawsuits requiring adjustments to operational plans, especially on strategic commercial dates (e.g., long holidays, commemorative dates).

On the other hand, there is also the potential appreciation of collective bargaining, with increased bargaining power for unions, greater legal certainty, with the formalization of working conditions on Sundays and holidays, and the need to adapt contracts and work schedules.

Therefore, given the scenario, whose effects and validity have been extended, it is recommended that companies in the sector review their labor practices based on the new effective date (March 1, 2026) and begin negotiations with unions and legal advisors immediately in order to adapt to the requirements of the new rule in a timely manner.