Workplace bullying and labor compliance

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Moral harassment has always been present in labor relations and, given this reality, it is certain that Convention No. , of , of the International Labor Organization (ILO), ratified by the National Congress in and promulgated by Federal Decree No. , / , aimed to prevent moral harassment from occurring in the workplace, as it harms the worker's physical and mental health. It is worth noting that the protection of the work environment is supported by constitutional protection in the list of social rights (article of CF/ ), also covering the rights of urban and rural workers (items XXII, XXIII and XXVIII of article of CF/). Therefore, an employer who exposes its employees to humiliating and embarrassing, repetitive and prolonged situations during the working day will commit moral harassment. Such is the importance of the issue that the Superior Labor Court – TST, in partnership with the Superior Council of Labor Justice – CSJT, launched the campaign “Stop and repair: for a more positive work environment”. Through the initiative of the then president of both bodies, Minister Brito Pereira, booklets were created exemplifying numerous verbal offenses and attacks capable of characterizing vertical, horizontal and institutional aggressions. They also bring the causes and consequences of harassing practices, guiding employees and employers on what to do when faced with such occurrences.

Thus, on May , , the first Greece Phone Number National Day to Combat Moral Harassment was celebrated. Even though the topic is recurrent, there are still no effective prevention measures, and actions seeking compensation for moral damages arising from moral harassment are still the most filed in the country, making up a considerable mass of labor litigation. And this directly impacts the company's image, denigrating it in the market and society. According to information from the now-defunct Ministry of Labor and Employment and the Superior Labor Court (TST), moral harassment was the most reported complaint in the country in the last years, meaning that most companies have reported cases of moral harassment. If we analyze the issue in depth, the majority of victims of bullying prefer not to have their identity revealed, while the majority of complaints are made online, which denotes the fear of publicity of the cases. Perhaps because they are at a command level, hierarchical superiors are named in most complaints as perpetrators in cases of harassment. What we see are several workers removed from the work environment due to psychological problems resulting from the offenses suffered.



In fact, at this current time when many professionals are working from home, it is possible to notice the practice of harassment during long and exhausting working hours, exceeding — by far — the provisions of the law. After all, how many workers are not suffering from burnout syndrome ? With the number of workers on leave as a result of moral harassment recurring, studies show that moral harassment has increased by % in the last years. For consideration, in , , new lawsuits were filed alleging moral harassment, and in the TST recorded an absurd increase of , new lawsuits, in addition to the , lawsuits seeking compensation for sexual harassment. In other words, almost % increase from one year to the next. In , perhaps as a result of the absence of many workers from the workplace, due to the imposition of social isolation due to the Covid- pandemic, the number was , actions for moral harassment. It should be noted that employers must strive for a healthy work environment that promotes worker well-being. Obviously, Brazil is still very far from first world countries due to the lack of investment in prevention, qualification of employees in management positions, and also in the application of fair and immediate measures to curb such harassing practices.