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Labor Judge in Osasco Awards R$ 10,000 to Worker Who Had Lunch Next to a Morgue With Bird Droppings, Daily Break of Only 20 Minutes and Unpaid Overtime, Recognizing Violation of Minimum Hygiene, Safety and Rest Standards Set by Legislation and Respect for Health
The substitute Labor judge Ederson dos Santos Izeli, from the 4th Labor Court of Osasco (SP), ordered a company to pay R$ 10,000 in damages to an employee who was forced to have her meals next to a morgue in an unhealthy environment. The ruling recognized that the situation violated not only the dignity of the worker but also the right to a minimally adequate meal break.
According to the Conjur portal, in addition to the compensation amount, the judge also analyzed the working hours and conditions reported in the case, taking into account the employee’s daily routine, the reduced meal break time, and the practice of unregistered and unpaid overtime, which exacerbated the situation of disrespect to labor laws.
Meals Next to Morgue and Presence of Bird Droppings
According to the records, the employee filed a labor lawsuit requesting termination pay, overtime, FGTS, and compensation for moral damages.
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A witness who worked the same hours confirmed that they had only 20 minutes of break per day and that the area designated for meals was next to a morgue.
The witness described the environment as a cafeteria with poor hygiene, where, according to the company’s defense, bird droppings could be found, and this animal is known to transmit serious diseases.
The judge emphasized that this circumstance made the space completely unsuitable for eating, affecting the health, physical integrity, and dignity of the worker.
In the decision, the judge stressed that the company, by admitting the possibility of bird droppings in the area, reinforced the unsanitary situation.
For Labor Justice, forcing the employee to eat in such an environment exceeds any limit of tolerance and generates the obligation to pay compensation for moral damages.
Termination Pay, Overtime, and Breaks Were Also Recognized
The ruling was not limited to the compensation for moral damages. The judge recognized that the worker was entitled to 30 days of paid notice, proportional 13th salary, proportional vacation, overtime, and differences in break time.
According to collected testimony, the workers frequently did overtime but were not paid for the hours worked beyond the shift, which directly violates labor legislation.
The break time of only 20 minutes was also deemed insufficient given the working hours, reinforcing the need for financial reparation on different fronts.
Thus, in addition to the compensation for moral damages stemming from the degrading meal environment, the ruling ensured payment of labor entitlements that were not being properly observed by the company, composing a broader package of rights recognized in favor of the plaintiff.
Basis in the CLT and the Constitution on Hygiene and Safety
In the reasoning, Judge Ederson dos Santos Izeli expressly cited Article 157 of the CLT and Article 7, Clause XXII of the Federal Constitution, which imposes on the employer the duty to ensure hygiene, safety, and health in the workplace.
For the judge, by providing a meal location next to a morgue, with poor hygiene and the possibility of contact with bird droppings, the company disrespected minimum standards of hygiene and safety at work.
This conduct, in judicial assessment, constitutes a violation of the legal order and the dignity of the human person, legitimizing compensation for moral damages.
The judge also noted that the situation was proven in court through testimony and photographic recognition of the place, which removed any doubt about the conditions reported by the worker.
The evidence produced in court was deemed sufficient to demonstrate the undignified environment and the need for reparation.
Role of the Worker’s Defense and Scope of the Decision
The worker was represented by attorney Fernando Lopes Campos Fernandes of the law firm Lopes e Fernandes Advogados Associados, who sought not only compensation for moral damages but the entire set of entitlements due upon contract termination, overtime, and breaks.
The case is ongoing under the number 1000018-63.2025.5.02.0384 at the 4th Labor Court of Osasco.
Decisions like this reinforce, within Labor Justice, that providing minimum conditions of hygiene, safety, and respect is a basic obligation of the employer, and that violating these standards can result in significant compensation and recognition of other rights accrued throughout the contract.
For other companies, the case serves as a warning about the importance of adapting cafeterias, break areas, and work schedules to legal requirements.
Uma vergonha esse valor dessa indenização e que pro empregador não é nada. Foi uma humilhação com a funcionária. Vergonha decidirem esse valor a ser pago pra essa funcionária. Pelos danos e riscos e mais psicológicos deveriam ter decidido pagar muito mais e mais encaminhar pra um profissional da saúde ( por que no mínimo essa pessoa está precisando psicológicamente). Resumindo uma vergonha e uma falta de respeito pelo ser ter passado por isso e uma humilhação receber esse valor.