Names, locations, and dates of events have been modified to maintain privacy.
Question, (author: xxxxxxxx)
I am a community health agent and have been on leave for eight months due to depression. This depression was caused by threats, persecution, and humiliation I experienced at work, and I was going through personal family problems, but this was not the reason, because work made me feel good and I could forget my personal problems; work was a therapy for me. But despite liking what I did, there were people in my sector who didn't want to work and persecuted me, even threatening my life. I didn't tell anyone, only my supervisor knew. I couldn't handle the pressure, and when I went to the doctor, he realized it and said I urgently needed to see a psychologist, otherwise I would hit rock bottom.
I saw the psychologist, who put me on leave, but it was not characterized as a work accident. I am taking antidepressants. But the company I work for is firing health agents. And my benefit is almost over; will I be fired when I return?
Answer, (author: Sílvio Lôbo)
Thank you for writing to me; I will preserve your name and hope to help you.
I see you contacted me after reading my article "Does someone receiving sick leave have job stability?". To answer you, it is necessary to understand if your depression originated from work, due to its complexity or demands, or if it resulted from moral harassment by colleagues, among other reasons.
Ordinary sick leave is paid by the Social Security to the worker who, due to illness or accident not work-related, is away from professional activities for more than 15 consecutive days. The first 15 days of leave are paid by the company. From the 16th day onwards, the INSS (National Social Security Institute) assumes this responsibility.
Occupational sick leave is granted to the insured employee who has become incapacitated for work as a result of a work accident or occupational disease. Unlike ordinary sick leave, occupational benefits do not require a waiting period (minimum contribution time) to be granted. The INSS considers an accident to be work-related if it occurs to the insured person at their workplace or on the commute between work and home and vice versa.
No worker can be dismissed while receiving sick leave, but...
In the case of ordinary sick leave, which is not work-related, there is no job security; you may be dismissed upon your return to work.
However, in the case of occupational sick leave, the insured is granted 12 months of job security. (You cannot be dismissed within this period).
You mentioned that "work made me feel good and I could forget my personal problems; work was a therapy for me."
No one would be convinced that work caused this depression after reading your words, yet you also say that "there were people in my sector who didn't want to work and persecuted me, even threatening my life."
This is very serious. Threat is a crime! It is covered by Article 147 of the Penal Code, as well as what we call Workplace Bullying.
Art. 147. To threaten someone, by word, writing, gesture, or any other symbolic means, with causing them unjust and serious harm:
Penalty – detention, from 1 (one) to 6 (six) months, or a fine.
Sole paragraph: Prosecution only proceeds upon representation.
But what exactly is workplace bullying?
'Workplace bullying is the exposure of workers to humiliating and embarrassing situations, repeated and prolonged during the workday and in the exercise of their duties, being more common in authoritarian and asymmetric hierarchical relationships, where negative conduct, inhumane and unethical relations of long duration predominate, from one or more bosses directed to one or more subordinates, destabilizing the victim's relationship with the work environment and the organization, forcing them to give up their job'. (assediomoral.org)
Note that I have bolded the words "repeated" and "prolonged," as only conduct that recurs and extends constitutes workplace bullying. Isolated events, on tense days, or even mutual and reciprocal outbursts do not constitute workplace bullying.
If you have suffered threats and workplace bullying, you should contact the responsible agency in your municipality to file a complaint. A lawyer will be very important. Commonly, the so-called Labor Delegacies, or the Ministry of Labor in your region, can provide information. If you don't know where these agencies are or their operating hours, call the toll-free number 0800 610101.
There is not yet specific legislation in Brazil to investigate workplace bullying. Some organizations like http://www.assediomoral.org/ can provide some clarification and present cases similar to yours.
I will be realistic with you,
From what you have told me, it is unlikely that you will be able to prove the company's fault. The fact that your supervisor knew is not sufficient proof, as would she testify in court in your favor, risking being fired shortly after?
Moreover, a lawsuit in which you prove you suffered workplace bullying will primarily lead to Civil Liability for Moral Damages, not job security.
If successful, you will achieve an indirect dismissal, which is when the dismissal occurs due to the EMPLOYER's fault, not the EMPLOYEE's. In an indirect dismissal, you have all the rights as if you had been dismissed without just cause.
The compensation for Moral Damages will consider the "pain" and "damage" caused to you.
Much more than what I have stated can be said. If I were a psychologist, I would tell you to seek balance in your work. I think if your supervisor doesn't care about employees who don't like to work, then you should relax more, do your job without expecting others to do theirs.
Living with people is not easy. Changing people is impossible.
BUT do not fail to call 0800 610101 and find the address of the Ministry of Labor, or the competent agency, to present the facts more cautiously and obtain more and better information. A lawyer is the right person to help you.
