Employment and compensation: 4 common situations that generate employee entitlements and drive labor claims

Overtime, delayed salary payments, and workplace harassment are among the leading causes of labor lawsuits in Brazil

Routine situations in the workplace—often seen as part of everyday professional dynamics—can conceal significant legal risks for companies and employers. Common day-to-day practices, when not aligned with labor legislation, have increasingly led workers to seek compensation through the courts.

According to the Tribunal Superior do Trabalho (TST), 2.47 million labor lawsuits were filed in Brazil in 2025, the highest volume since the 2017 labor reform, driven in part by rulings from the Supremo Tribunal Federal (STF). Among the leading causes, overtime claims top the ranking, followed by termination payments and hazardous-duty allowances.

Receiving salaries or benefits late, performing duties beyond those originally agreed upon, or working in a hostile environment are more common situations in the Brazilian labor market than many realize. What many professionals do not know is that these and other scenarios may entitle employees to labor compensation under the Consolidação das Leis do Trabalho (CLT), reinforced by decisions from Brazil’s labor courts.

According to Aline Origa, Chief Legal Officer at Monteiro AKL Advocacia Especializada, certain warning signs deserve close attention—especially when they become recurrent or cause financial, emotional, or health-related harm to the worker. The first is the repeated failure to meet employer obligations, such as frequent salary delays or the nonpayment of overtime, vacation pay, or FGTS deposits. “When these issues stop being occasional and become part of the routine, the employee may even request constructive dismissal, with the same entitlements as a termination without cause,” she explains.

Another important warning sign is job accumulation or job misclassification. This occurs when a professional is hired to perform a specific role but, over time, begins to assume additional or entirely different responsibilities without appropriate salary adjustments. “It is very common for employees to accept these changes out of fear of losing their job, but the law is clear: if responsibilities increase or the role changes significantly, the employee may be entitled to salary differences and compensation,” Origa notes.

A third point of concern involves workplace harassment or abusive working conditions, such as excessive pressure, exposure to humiliating situations, unrealistic performance targets, discrimination, or constant psychological pressure. In addition to directly affecting the worker’s mental health, such conduct may lead to compensation for moral damages. “Labor courts have become increasingly strict in analyzing these cases, recognizing that the workplace must be healthy and respectful. Emotional and psychological harm is also subject to compensation,” the attorney adds.

Another issue in corporate environments relates to occupational diseases, such as RSI/WMSD (Repetitive Strain Injuries and Work-Related Musculoskeletal Disorders). Often underestimated, these conditions are associated with routines that involve repetitive movements, poor posture, physical overload, or long working hours without adequate breaks.

“When it is proven that the illness was caused or aggravated by the job, the employee may be entitled to compensation for moral and material damages, in addition to temporary job stability after returning from social security leave,” Origa explains.

According to the specialist, employer responsibility involves not only providing adequate equipment but also implementing preventive measures, such as workplace ergonomics and proper guidance on breaks and task execution.

The attorney emphasizes that seeking legal guidance when identifying any of these warning signs is essential to understand the rights involved, gather evidence, and determine the best course of action. “Many workers seek help only when the situation has already worsened, but information is the main ally in preventing greater losses,” concludes the CLO of Monteiro AKL.

Source: Contábeis