A decision with binding effect removes the requirement of leave and benefits from the National Institute of Social Security (INSS) to guarantee provisional job stability.
By Graziela Barreto
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Legale Overseas, no. 944.
The Superior Labor Court (TST), in May 2025, concluded the judgment of Repetitive Theme No. 125 and significantly altered the interpretation of Summary 378, II. This decision, which is binding throughout the labor judiciary, establishes that the provisional 12-month job stability arising from an occupational disease no longer depends on a work absence exceeding 15 days, nor on the granting of an accident-related benefit by the National Institute of Social Security (INSS) as previously required.
From now on, what defines the right to stability is the existence of a causal or contributory link between the disease and the work performed, even if recognition occurs only after the employment relationship has ended. This new guideline broadens worker protection and demands increased attention from companies regarding prevention and documentation of their health and safety management.
With this change, the old objective criterion that conditioned the right to stability on the existence of absence and granting of the accident-related social security benefit (category B91) loses strength. Now, it is enough to prove the connection between the illness and working conditions for the dismissed employee to claim reinstatement or compensation corresponding to the stability period.
This new interpretation has direct impacts on human resource management. Companies that do not maintain rigorous procedures for prevention, medical records, and occupational risk analysis become more exposed to future labor liabilities, especially in lawsuits filed months after dismissal.
Activities more susceptible to occupational risk factors, such as industry, construction, healthcare services, transportation, and logistics, must be especially vigilant. Companies in these sectors may be particularly affected if they do not adopt clear and well-documented policies for prevention, medical monitoring, and management of absences.
To mitigate risks and reduce litigation, employers are advised to:
- Keep legal Occupational Safety System programs updated, such as the Occupational Health Medical Control Program (PCMSO), the Risk Management Program (PGR), the Ergonomic Work Analysis (AET), among others required;
- Fully document medical exams, including those conducted at termination;
- Establish internal channels for health complaints and actively monitor employees;
- Issue the Work Accident Report (CAT) whenever there is suspicion of an occupational disease, but first seek guidance from the occupational physician and legal department;
- Gather technical documentation capable of demonstrating the absence of causal link in case of litigation.
The new TST guideline reinforces the importance of a preventive, structured, and well-founded corporate approach, especially at the time of dismissal of employees with a clinical history related to work.
Vaz de Almeida Advogados acts strategically in labor advisory and litigation, focusing on risk reduction and litigation prevention. Our team closely follows the developments of TST’s Theme 125 and is prepared to guide companies on best practices in light of this new legal reality.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
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