A long discussion in Labor Courts has been solved by the Labor Reform, which put an end to the so-called ultrativity of collective norms. Before the entry into force of Law 13,467/2017, the understanding prevailed that the rights agreed in a collective bargaining agreement would be maintained, even after the end of the validity of the norm and regardless of new negotiations.
The removal of ultrativity by the new law was received in a very positive way, because it gives back to the collective norm its importance and main role, which should be to foster the constant dialogue between companies, economic sectors and unions, thus allowing the adjustment of working conditions to the difficulties and possibilities of each sector and group of workers at each moment.
However, this also requires employers to keep an eye on the validity of the collective bargaining agreement, not only because of the annual adjustments, but also because the advantages achieved by employers will not benefit from the now extinct ultrativity either.
This is what happened recently in Bahia, where a Labor Union filed a lawsuit against the Shopkeepers Union and the Federation of Commerce of Goods (case number 0000179-84.2018.5.05.0018) claiming the suspension of work on Sundays and holidays due to the end of the Collective Agreement that regulated the issue. The magistrate Dr. José Arnaldo de Oliveira, from the 18th Court in Salvador, decided then that in fact the shopping centers could not demand work on Sundays and holidays until a new collective agreement was signed.
The magistrate considered that until the moment of the delivery of the sentence there was no agreement registered in the Ministry of Labor and Employment renewing the rule expired on 02/28/2018. It then stipulated a fine of R$1,000.00 (one thousand reais) per employee, reverted in favor of the Union of Commercial Employees of the City of Salvador.