Commerce on holidays: see activities with permanent authorization

The text maintains the need for authorization in a collective agreement, negotiated between employer and worker unions, for commercial establishments to operate on these dates. The requirement will not apply to activities that receive permanent authorization.

The relationship provided for in the agreement includes 15 segments:

sale of bread and biscuits; pharmacies, including the handling of prescriptions; trade in flowers and crowns; barbershops and beauty salons; gas stations; retail trade of liquefied petroleum gas; rental of bicycles and similar; hotels, restaurants, bars and similar establishments; entertainment venues and sports venues with admission fees; open-air markets; doormen and cabin attendants in residential buildings; tourism agencies; vehicle and boat rental companies; trade carried out at fairs and exhibitions; common and hospital laundries.

Permanent authorization allows these activities to keep workers on duty on holidays without depending on the negotiation of a specific collective agreement for this purpose. The opening of establishments must also comply with municipal regulations and other labor obligations.

For other sectors of commerce, operation on holidays will continue to be subject to the existence of a collective agreement signed between entities representing companies and employees. The rule deals with authorization to work and does not mean that all employees in the listed activities will be required to work hours on those dates.

Ordinance No. 3,665, originally published in 2023, came into force on June 1, 2026, after successive postponements. The rule removed automatic authorization for working on holidays from some businesses and reinforced the requirement for collective bargaining.

With the understanding reached between the government, workers and employers, previous ordinances will be modified or repealed to adapt the regulations. Future changes to the list of activities with permanent authorization must undergo a tripartite consultation, with the participation of the three groups.

The Federation of Commerce of Goods, Services and Tourism of the State of São Paulo considered that the measure increases legal security for companies and employees, preserves collective bargaining and makes the criteria for organizing work during holidays clearer.

“The Federation will continue to monitor the implementation of the new regulations and guide its affiliated unions and business owners on its application, after the official publication of the Ordinance in the Official Gazette of the Union”, informed FecomercioSP.

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