Working on Christmas and New Year's in Brazil: can retail open? Rules, double pay and time off

December 25 and January 1 are national public holidays in Brazil. In general retail, working on those days is only allowed with authorization in a collective agreement and in compliance with municipal law — a rule reinforced by Ministry of Labor (MTE) Ordinance 1,316/2026, in force since July 22, 2026. Anyone who works on the holiday without compensatory time off is paid double. December 24 and 31, on the other hand, are not national holidays: they are normal working days, unless local law or a collective rule says otherwise.

Quick summary

• National holidays: 12/25 (Christmas) and 1/1 (New Year's Day).
• December 24 and 31: not national holidays; "optional days off" apply to the public service.
• General retail: work on public holidays depends on a collective agreement (Law 10,101/2000, art. 6-A; MTE Ordinance 1,316/2026).
• An individual agreement with the worker is not enough to authorize general retail to open on a holiday.
• Activities with permanent authorization: pharmacies, bakeries, gas stations, hotels, bars, restaurants, among others.
• Pay: double, if there is no compensatory time off (Law 605/1949, art. 9; TST Precedent 146 — the TST is the Superior Labor Court).

What changed with Ordinance 1,316/2026

MTE Ordinance 1,316/2026 revoked Ordinance 3,665/2023, which had been repeatedly postponed since 2023, and reorganized the list of activities with permanent authorization to work on holidays. General retail, wholesalers, vehicle dealers and stores in ports, airports and bus stations were left off that list and need authorization in a collective agreement.

That is why shopping malls and street stores that want to open on Christmas or New Year's Day need the authorization provided in the category's collective agreement and a municipal law allowing them to open.

Sunday vs. public holiday

• Sunday — Basis: Law 10,101/2000, art. 6 · Rule in retail: allowed, subject to municipal law, with the weekly rest falling on a Sunday at least once every three weeks
• Public holiday — Basis: Law 10,101/2000, art. 6-A · Rule in retail: depends on a collective agreement and municipal law

How much you receive

1. Worked on the holiday and got another day off: paid normally.
2. Worked and got no compensatory day off: the day is paid double, in addition to the weekly rest.
3. Collective agreements may provide a higher supplement and special meal and transportation allowances.
4. Year-end temporary workers follow the same rules — see Year-end temporary jobs.

Step by step if the employer requires work on the holiday

1. Ask HR which collective agreement authorizes opening.
2. Ask for the schedule in writing, with the date of the compensatory day off.
3. Check on your January payslip that the day was paid double if there was no day off.
4. If something is wrong, contact the union or file a complaint with the Ministry of Labor.

Frequently asked questions

Is December 24 a public holiday?

It is not a national holiday. It is a normal working day in the private sector, unless local law or a collective rule says otherwise.

Can the store make me work on Christmas?

In general retail, only with authorization in a collective agreement and municipal law. In activities with permanent authorization, the schedule may include the holiday, with compensatory time off or double pay.

Is work on a public holiday paid double?

Yes, when there is no compensatory time off.

Read more in this series

• Year-end temporary jobs: rights and what to check
• Second installment of the 13th salary 2026
• End of the 6x1 schedule: what changes in working hours
• Overtime: how to calculate it, limits and how to claim
• Index: complete guide to labor rights