In the last year, Brazil registered a leap of almost 70% in the number of workers’ departures by mental disordersreaching almost half a million people claiming problems such as anxiety, depression and Burnout syndrome, according to data from the Ministry of Social Security.
Growth was already drawing the attention of Ministry of Laborwho decided to update rule Nr1with new guidelines on mental health in the labor market. The standard begins to operate from May 26 and will allow companies to better supervise companies on psychosocial risks in the management of safety and health at work.
The idea is to charge more responsibility for companies and managers for excessive goals, bullying, absence of support, extensive journeys, interpersonal conflicts and precarious working conditions.
All this to help prevent problems from disagreeing directly in labor justice, which has also been feeling the weight of this significant growth with the multiplication of actions related to occupational diseases of psychological origin.
Just to get an idea, between 2020 and 2022, more than 4,000 labor lawsuits involving Burnout syndrome were registered, almost double the observed between 2017 and 2019, when there were 2.3 thousand actions.
Stones on the way
However, not even in the Labor Court workers find some guarantee, because many end up bumping into some limits. According to lawyers heard by Infomoneythe main one is the need for effective proof not only of the disease but also its connection with the work environment.
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“It is necessary to investigate and prove the relationship with work, which most of the time includes expertise to confirm the so -called causal link,” says lawyer Sergio Pecerman.
A survey by the Jota Legal News Platform showed that most decisions (67.6%) are denied. Of the 108 decisions of the Regional Labor Courts, the 2nd, 4th and 15th Region, issued between October and December 2024, in proceedings that required compensation for moral damages for the development of burnout, only 32.4% received favorable decisions.
“The requirement of evidence ends up creating a series of difficulties, especially if the INSS does not find the need for removal. But it is possible that, in the judicial scope, the judge asks for a second expertise to confirm and, if the need is found, the judge can tell the INSS that he has to comply with,” explains the lawyer Otavio Pinto e Silva, chairman of the Brazilian Bar Association (OAB).
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According to Silva, to prove the problem, the employee needs to gather the largest number of harassment evidence, overtime and other evidence to confirm excess demands and the connection of this to work to work. “We know this is complex and, as the judge has no technical knowledge to know what caused the disease, he will follow the doctor and the evidence. The more evidence, the greater the guarantee for the employee with burnout,” he said.
Even with more negatives, experts believe that changes in the rules show that the scenario is complex and will require companies to adopt effective mental health policies, aiming not only at their employees’ welfare, but also the mitigation of legal and financial risks. Promoting a healthy work environment and adequate support for employees is critical to preventing the development of mental disorders and reducing the number of actions in the Labor Court, according to experts.
How will the inspection be done?
The inspection will be based on complaints sent to the Ministry of Labor. If the risks are identified, it will be necessary to prepare action plan, including preventive and corrective measures. These inspections will be made by tax auditors who will check the workplace, the departure data, the turnover of employees, as well as talking to the workers. If episodes are found to justify workers’ mental illness, fines range from $ 500 to $ 6,000 for each situation.
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Business responsibility
Companies will need to be more attentive, because court decisions have, in many cases, the companies responsible for working conditions that contribute to the development of these pathologies. For example, the 3rd Chamber of the 15th Region Regional Labor Court upheld the first instance decision that condemned a company to pay compensation for moral damages to an employee who developed depression and Burnout syndrome due to labor conditions.
The Superior Labor Court (TST) has also confirmed significant compensation as a result of Burnout. In one of these cases, a 31 -year -old employee was retired for disability due to the syndrome and obtained a favorable decision to receive $ 475,000 in repair. In another, the ministers validated compensation for moral damages of $ 100,000.
For lawyers, despite the negatives of justice, changes in the rules show that the scenario is complex and will require companies to adopt effective mental health policies, aiming not only at the well-being of their employees, but also the mitigation of legal and financial risks.
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Promoting a healthy work environment and adequate support for employees is critical to preventing the development of mental disorders and reducing the number of actions in the Labor Court, according to experts.
As the judge decides:
1) He is guided by the Technical Report of Occupational Doctors and the INSS to find out if he has a connection, as well as evidence gathered in the process. For this, they tell emails, WhatsApp messages, etc;
2) If the disease is confirmed as the occupation is guaranteed stability in office for a year;
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3) If there is no interest in reintegration by the employee or the employer, the judge establishes the amount of compensation for stability achieved, which includes the payment of one year of salaries with all proportional severance pay, such as 13th, vacation, etc. In addition, values with moral damage may also be included.
