Commerce on Holidays: New Ordinance from the Ministry of Labor and Employment (MTE) once again requires collective bargaining agreements — and is already in effect.

Published and in effect since yesterday, July 22, 2026, MTE Ordinance No. 1,316/2026 reinstates the requirement for authorization in a collective bargaining agreement for a large portion of retail businesses to operate on holidays. Unilateral authorization from the company or an individual agreement with the employee is not sufficient. See below who is affected, what changes, and what to do before the next holiday.

Who is impacted?

Businesses selling goods, services, and tourism that open on holidays and whose activity is not on the permanent authorization list (Annex IV) — which includes a large part of shopping mall retail, street shops, and non-essential commerce. If your company falls into this category, reading this is a priority.

The main provisions of the Ordinance.

• Activities with permanent authorization: activities considered essential or of public interest, as provided for in item II – Commerce of Annex IV of MTP Ordinance No. 671/2021, remain authorized to operate on holidays regardless of collective bargaining. Examples include retail trade of fish, meat, fruits and vegetables, bakeries, pharmacies, florists, barbershops and beauty salons, gas stations, hotels, restaurants and bars, supermarkets and hypermarkets selling food, travel agencies, car rental companies, commerce in ports, airports, bus stations and railways, laundries, wholesalers and vehicle dealers — the complete list is in Annex IV .

• Other commercial activities: for activities not covered by the permanent authorization, operation on holidays will depend on provisions in a collective bargaining agreement signed between the unions representing the economic and professional categories.

• Municipalities without representative unions: in municipalities where there is no union representing the economic and professional categories of commerce in goods, services and tourism, the collective agreement may be entered into by the respective Federations or, in their absence, by the Confederations representing the categories.

• Future changes to the list of activities: any additions or removals of activities from the list of permanent authorizations must be preceded by a tripartite consultation, with the participation of representatives from the government, employers, and workers.

• Repeal of MTE Ordinance No. 3,665/2023: the new Ordinance expressly repeals MTE Ordinance No. 3,665/2023, which had altered the regime applicable to work on holidays in commerce, but whose entry into force was successively postponed since its publication.

What changes in practice for your company?

The Ordinance enters into force on the date of its publication (July 22, 2026) and reinstates the requirement for authorization in a collective bargaining agreement for the operation, on holidays, of commercial activities not covered by the permanent authorization provided for in Annex IV of MTP Ordinance No. 671/2021.

In these cases, unilateral authorization from the company or the signing of an individual agreement with employees does not fulfill the legal requirement of authorization in a collective bargaining agreement and, therefore, is not sufficient to legitimize work on holidays.

What your company should do now.

1. Identify if your activity is on the permanent authorization list in Annex IV. If it is, you can operate on holidays without a collective agreement.

2. If not, locate the collective bargaining agreement (CBA) applicable to your category and check if it expressly authorizes work on holidays.

3. Do not rely on unilateral authorization or individual agreements — they do not replace the collective bargaining agreement.

4. Check the holiday calendar for the coming months and prepare your analysis before each date.

5. Where there is no representative union, check the activities of the Federations or Confederations of the category.

6. Document the legal basis that authorizes the opening, to protect yourself in case of an inspection.

The risks of opening without proper authorization.

Operating on holidays without authorization stipulated in a collective bargaining agreement exposes the company to administrative penalties from the Ministry of Labor and Employment (MTE) and labor liabilities —such as double pay for the day worked, related repercussions, and individual or collective lawsuits. The cost of a prior review is usually much lower than that of a contingency plan.

Our team is available to analyze the collective bargaining agreement applicable to your business, identify relevant holidays, and provide guidance on the requirements for safe operation on holidays — reducing the risk of fines and liabilities.

Contact us for a specific analysis of your case before the next holiday.