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The Decision of the Regional Labor Court of the 4th Region Recognized Moral Damages and Considered the Case a Serious Violation of Human Dignity, Reinforcing the Right to Basic Conditions of Hygiene and Health in the Workplace
A recent decision by the Regional Labor Court of the 4th Region (TRT-4), based in Rio Grande do Sul, gained national attention by condemning a security company to pay compensation of R$ 40 thousand to a security guard who was prevented from going to the bathroom during her shift.
The worker reported that, because she could not leave her post, she even urinated in her own uniform, which was considered a serious violation of fundamental rights and human dignity.
According to the court, prohibiting a worker from using the bathroom on the grounds that the post cannot be left unguarded is an abusive practice that generates compensable moral damages. The decision was unanimous among the magistrates of the 8th Panel of TRT-4, who understood that the company’s conduct exceeded the managerial authority of the employer and placed the employee in a degrading situation.
Reporter Classified the Case as “Nefarious Practice Against Workers’ Health”
According to the judge Luiz Alberto de Vargas, the reporter of the case, the facts described in the records demonstrate degrading conditions and direct offense to the health and psychological integrity of the employee.
“The procedure adopted by the company exceeds the managerial authority granted to the employer and also causes anguish and distress, in addition to being a nefarious practice against the health of the worker,” the magistrate stated in his vote.
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This understanding was shared by the appointed judge Frederico Russomano and the judge Marcelo José Ferlin D’Ambroso, who reinforced the importance of ensuring a minimally healthy and dignified work environment for all professionals.
The information was released by the portal ConJur, which highlighted that the 8th Panel of TRT-4 decided to increase the amount of compensation from R$ 5 thousand to R$ 40 thousand, recognizing the seriousness of the case and the emotional impact suffered by the worker.
Witnesses Confirmed Restrictions and Humiliating Situation
During the process, the company argued that there was no illegal conduct and that employees could use the bathroom with prior notice to their supervisor via radio. The defense also claimed that there was no time control for leaving the post.
However, the security guard was able to prove that there were real restrictions on the use of the bathroom. One witness reported having experienced a similar situation and confessed to having urinated in a bottle, while another stated that she found the employee crying in the bathroom with wet clothes.
The first-degree court had set the compensation at R$ 5 thousand, an amount that the worker considered insufficient. Upon appealing, she requested R$ 50 thousand, claiming that the amount should respect the principles of reasonableness and proportionality, as well as serve as a punitive and educational measure to deter similar practices.
The reporter then found the request partially valid, setting the amount at R$ 40 thousand, deemed compatible with the extent of the moral damage suffered. According to him, the outcome “should not be insignificant, encouraging the employer’s disregard, nor excessive, so as to provide undue enrichment to the victim”.
Decision Reinforces Labor Rights and Serves as a Warning to Companies
The ruling from the TRT of the 4th Region reinforces the importance of respecting the dignity, health, and physical and mental integrity of workers. Cases like this, according to experts, demonstrate the need for internal policies that guarantee physiological breaks and adequate hygiene conditions, especially in professions that require continuous monitoring.
The decision serves as a warning to security companies and other sectors that maintain restrictive rules incompatible with the fundamental rights of employees.
The case is under the number 0021217-79.2023.5.04.0221 and was judged unanimously by the 8th Panel of TRT-4, which set the compensation at R$ 40 thousand for moral damages.
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