Deputies point out legal uncertainty in the restriction of work on Sundays

The Economic Development Committee of the Chamber of Deputies debated this Wednesday (29) the opening of businesses on Sundays and holidays, after the federal government revoked an ordinance that prohibited work on those days.

In the debate, experts and deputies expressed concern about legal uncertainty and the impact on Christmas sales.

The Ministry of Labor’s decision to end authorization to work on Sundays and holidays for various activities generated a negative repercussion. To alleviate criticism, the effects of the new ordinance (MTE 3,665/23) were postponed until March 2024. By then, the government hopes to reach an agreement with workers and companies on the issue.

For deputy Daniela Reinehr (PL-SC), the government made a mistake by not having previously discussed the issue with workers and employees. “There was no broad debate, no considerations were heard, especially in a period when consumption naturally increases,” she said.

Federal deputy Luiz Gastão (PSD-CE) also said that the ministry made a mistake by not giving employees and employers a deadline to negotiate. Gastão is the author of the project that suspends the MTE ordinance (PDL 405/23), whose urgency was approved in the Plenary last week.

According to the lawyer for the legal and union division of the National Confederation of Commerce in Goods, Services and Tourism (CNC), Antônio Lisboa, the ordinance only brought legal instability to the issue, as it is pacified in legislation.

Lisbon also recalled Law 10.101/00, which authorizes work on Sundays and holidays in commercial activities in general, as long as weekly paid rest is observed, municipal legislation (in the case of Sundays) and collective labor agreement and municipal legislation ( for the holidays).“We need legal security so that the businessman can invest, knowing that he will actually be able to carry out his activity”, said the lawyer.