The Minister of Labor, Luiz Marinho, revoked an ordinance issued in November 2021 during the government of Jair Bolsonaro. The measure simplified work on holidays and Sundays for workers. The new ordinance, published last week in the Official Gazette of the Union, revokes permissions for several commercial activities to operate on Sundays and holidays.
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Thus, the measure includes supermarkets, wholesalers, food product distributors, pharmacies and open-air markets. According to the new standard, work on these days will only be permitted if provided for in the category's collective agreement and in accordance with municipal legislation. Thus, the conditions return to what they were set out in article 6-A of Law 10,101 of December 19, 2000.
The legislation provides that “work on holidays in general commercial activities is permitted, as long as that authorized in a collective labor agreement and in compliance with municipal legislation, in accordance with the terms of the art. 30, item I, of the Constitution”.
In this way, workers' unions gain greater power in negotiations with companies. The measure is already in effect.
Ordinance 671, established on November 8, 2021, unrestrictedly and permanently authorized the work on holidays and on Sundays. The measure was valid for sectors that included more than 70 categories of commerce. Furthermore, no formal agreement was required between employers and their employees to regulate work on these dates.
There was also no need for an understanding between the company and the category union. Thus, the company owner only had to call and communicate directly to the worker so that he would have to work on Sundays and holidays.
With the new resolution, employees can refuse to work on Sundays and holidays. However, refusal can only be made if it has not been provided for in the category's collective agreement.
On the afternoon of this Wednesday (22), the Minister of Labor announced that the ordinance will be redone through the formation of a working group. As a result, the current released ordinance is suspended, so that the new one will only begin in March of next year. According to Luiz Marinho, the decision aims to remove any type of uncertainty and insecurity.
“We are talking about an ordinance that regulates the process of operating commerce on holidays, only. It is clear and transparent, Sundays are legislated by law. A 2021 ordinance, this one contrary to the law, made it clear that holidays would also not be necessary and the store boss could tell the store to go to work the day before,” he explained.
In Congress, parliamentarians join forces to overturn the ordinance. The group's objective is to vote, this week, on the decision that suspends the ordinance issued by the Ministry of Labor.
“This is a conversation that has to have room for negotiation, we hope that there is a good sense from the Ministry of Labor to revoke the ordinance, open the dialogue and build solutions that serve workers, businesspeople and the population”, said deputy Domingos Sávio (PL-MG), president of the front parliamentary.