Worker may leave with just cause due to mental illness

Text approved by the Chamber authorizes termination with compensation if there is a report proving psychological distress caused by working conditions

In May 2025, the Committee for the Defense of the Rights of Persons with Disabilities of the Chamber of Deputies approved a proposal that allows workers to request termination of employment with the right to compensation in cases of psychological suffering resulting from the work environment. The measure amends the Consolidation of Labor Laws (CLT) and requires a medical report as proof, with the exception of persons with disabilities.

The Consolidation of Labor Laws (CLT) may be amended to expressly include the possibility of workers terminating their employment relationship with just cause by the employer when subjected to conditions that result in psychological suffering.

The proposal is contained in Bill 3324/2024, authored by Congressman Jonas Donizette (PSB-SP), and was approved by the Committee for the Defense of the Rights of Persons with Disabilities of the Chamber of Deputies. The rapporteur, Congressman Sargento Portugal (Podemos-RJ), presented a favorable opinion, with adjustments to the location of the text in the CLT.

According to the parliamentarian, the change in the chapter that deals with workers' rights aims to prevent collective agreements or conventions from making the guarantee more flexible.

“The change reinforces legal protection, ensuring that these rights are preserved in a clearer and more objective manner,” said the rapporteur during the session.

Indirect termination: what does current legislation say?

Currently, the CLT already provides for situations in which the employee can resign and still have access to the same rights as the termination by the employer. This modality is called indirect termination, also known as “just cause by the employer”.

The situations provided for include:

• Requirement for services beyond the employee’s capabilities;

• Breach of the contract by the company;

• Excessive rigor in supervision;

• Clear danger of considerable harm;

• Acts that offend the employee’s morals or reputation;

• Physical aggression, except in self-defense.

  
  

Bill 3324/2024 adds proven psychological suffering as a new express hypothesis, addressing the growing concern with mental health in the workplace.

Mental suffering at work becomes a legal criterion

The new proposal proposed by the text is the formal recognition of psychological suffering as a serious violation on the part of the employer. To be entitled to termination with compensation, the employee will need to present a medical report proving the clinical condition, except in the case of a person with a disability — in which case proof may be waived.

The concept of psychological suffering encompasses conditions such as:

• Chronic anxiety caused by moral harassment or work overload;

• Depression related to the organizational environment;

• Disorders resulting from excessive pressure to meet goals;

• Emotional exhaustion caused by poor management conditions.

These factors have been discussed by specialists in occupational health and labor law as elements that compromise the dignity of the worker.

Mental health and the role of the employer

With the growing concern about mental health in the corporate environment, several organizations have started to adopt policies for well-being, active listening and psychological support.

On the other hand, situations of moral harassment, abusive goals, exhausting working hours and lack of support continue to be the reason for complaints and lawsuits.

According to a survey by the International Labor Organization (ILO), published in 2023, 58% of Brazilian workers report some level of psychological suffering related to work, and 21% claim not to receive any type of institutional support.

The inclusion of mental health as a criterion for indirect termination, therefore, aligns Brazilian legislation with an agenda of international relevance.

Impacts of the proposal for companies and accountants

The eventual approval of the measure will have direct repercussions on the routine of companies and accounting professionals. If it becomes law, employers will need to pay attention to people management and internal documentation, since an environment that favors psychological suffering may result in labor liabilities.

In addition, the work of accountants and human resources departments will be essential in mediating conflicts, providing legal guidance and developing preventive policies.

It is recommended that companies review their codes of conduct, implement effective reporting channels and encourage occupational health programs.

Processing continues to other committees

Bill 3324/2024 is being processed conclusively in the Chamber of Deputies, which means that it does not need to go through the plenary, unless there is an appeal.

The proposal will still be analyzed by the following committees:

• Health Committee;

• Labor Committee;

• Constitution and Justice and Citizenship Committee (CCJC).

Only after final approval in the Chamber and the Federal Senate can the text be sanctioned and officially included in the CLT.

Case law and judicial trends

Even before the formalization of the CLT, court decisions have already recognized psychological suffering as a legitimate reason for the indirect termination of an employment contract.

The Regional Labor Courts (TRTs) have accepted actions by employees who have proven, through reports and witnesses, the existence of environments that are harmful to mental health. The case law, however, is still unstable and depends on the analysis of each specific case.

The approval of the project may standardize legal understanding and facilitate the defense of labor rights in these contexts.

New protection reinforces the dignity of workers

The proposal represents an advance in the legal protection of workers in a reality in which psychological suffering has become increasingly common in the labor market.

For accounting and human resources management professionals, attention to internal practices and the well-being of employees will be even more necessary.

Monitoring the progress of the proposal and guiding employers on its impacts can prevent litigation, preserve occupational health and strengthen healthy labor relations.

Source: Contábeis