Bloomberg Law for HR Professionals is a complete, one-stop resource, continuously updated, providing HR professionals with fast answers to a wide range of domestic and international human resources...
July 20—Brazil’s labor ministry issued an ordinance July 8 that eases the restrictions on companies seeking to operate on Sundays and holidays.
Under a 1949 law, only a handful of specified sectors have automatic permission to operate on Sundays and holidays, including hotels, restaurants, hospitals and utilities. Companies in other sectors until now have had to receive approval from labor unions and authorization from the labor ministry.
Under Ordinance 945, union approval is now enough.
According to attorney Dania Fiorin Lomnghi of the law firm Fiorin Longhi Attorneys, this means that companies will no longer have to provide the ministry with a document justifying the necessity to remain open on these days, proof of union approval and a schedule on the rotation of employees.
Once the relevant unions approve Sunday and holiday work schedules, companies need only register this directly with regional offices of the ministry without providing additional documentation.
In some cases, the new regulation also permits ministry authorization without union approval.
For attorney Daniel Chiode of the firm Engelberg Moraes Attorneys, the ordinance is a major improvement for companies that deal with unions opposed to Sunday and holiday work under any circumstances.
Chiode told Bloomberg BNA that he represents six companies whose unions have rejected work on these days, but under the new regulation he will be able to ask for the ministry’s authorization without union approval.
Allowing companies to negotiate union approval without the involvement of the ministry eliminates another bureaucratic barrier.
According to labor consultant Luciano Nutti, the ministry now requires a document attesting to union approval, which can in some cases be denied.
“The union knows better the reality of its market,” said Nutti.
To register union agreement under the new ordinance, companies must define the time period covered and ensure that rules on employee safety and health will be respected.
To contact the reporter on this story: Ed Taylor in Rio de Janeiro at email@example.com
To contact the editor responsible for this story: Rick Vollmar at firstname.lastname@example.org
Text of the new ordinance is available in Portuguese at http://www.normaslegais.com.br/legislacao/Portaria-mte-945-2015.htm.
For more information on Brazilian HR law and regulation, see the Brazil primer.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)