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New Thesis of TST Recognizes Stability for Those Who Develop Varicose Veins from Standing, Even Without Leave. Decision Impacts Sectors Such as Retail and Pharmacies and May Generate Indemnities Equivalent to a Year of Salaries.
Workers who stand for long hours, such as cashiers, fuel attendants, pharmacy clerks, and kitchen assistants, now have a new interpretation from Labor Justice.
Since April 2025, the Superior Labor Court (TST) consolidated the thesis of Theme 125, which guarantees 12 months of stability in employment even without medical leave exceeding 15 days or the granting of benefit B-91.
The understanding establishes that proof of causal or concausal link between the occupational disease and the performed activities is sufficient for the recognition of the stability provided for in Article 118 of Law 8,213.
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The new law No. 15,377, sanctioned by Lula and published in the Official Gazette of the Union on April 6, guarantees 3 days off for workers to undergo medical examinations.
This means that the right can be granted even if the diagnosis is confirmed after dismissal.
Change of Understanding and Legal Scope
According to the rapporteur’s vote, stability should be applied whenever there is technical evidence that the illness has its origin or worsening related to work.
The binding thesis determines that the benefit extends even in cases where the contract has already been terminated and the worker was never away.
Labor law specialists believe that the decision tends to impact especially sectors with activities predominantly carried out standing, such as retail, pharmacies, bakeries, and gas stations.
Varicose Veins Now Have Occupational Recognition
According to the Brazilian Society of Angiology and Vascular Surgery (SBACV), about 30% of men and more than 45% of women have some degree of chronic venous insufficiency.
This condition can generate symptoms such as pain, swelling, skin darkening, and, in more severe stages, varicose ulcers.
Health professionals observe that prolonged standing increases the risk of developing or worsening varicose veins, especially when there are no breaks or postural alternation.
In more advanced cases, treatment may require surgeries or sclerotherapy.
Previous Decisions and Consolidated Jurisprudence
Prior to the new understanding from TST, some regional courts were already recognizing the responsibility of companies in cases of venous diseases associated with working conditions.
In May 2025, the 17th Panel of the Regional Labor Court of the 2nd Region condemned a transportation company to pay R$ 30,000 for moral damages and lifetime monthly pension corresponding to 50% of the last salary of a driver who developed varicose veins worsened by long hours sitting behind the wheel.
The court pointed out flaws in the break policy and ergonomic conditions of the workstation.
Although the decision did not address stability, experts argue that cases like this reinforced the understanding of concausal link, where work contributes to the onset or worsening of preexisting diseases.
Technical Criteria for Evidence and Expertise
Experts consulted by Labor Justice explain that the recognition of the right depends on a set of evidence.
Image tests, such as Doppler venous ultrasound, angiological reports, and ergonomics assessments help demonstrate the link between activity and disease.
Documents such as photographs of the work environment and witness statements from colleagues can also reinforce the continuous exposure to risk conditions.
According to experts and lawyers, even if the company did not issue the Work Accident Communication (CAT), the absence of the document does not prevent the recognition of the occupational disease.
Ergonomic Standards and Labor Monitoring
The Regulatory Standard No. 17 (NR-17) of the Ministry of Labor advises that companies promote posture alternation and provide support seats for workers who remain standing.
Inspections conducted between 2024 and 2025, according to labor inspectors, indicated that many retail and food establishments still do not comply with these guidelines.
In supermarkets and convenience stores, for instance, there are reports of entire shifts without breaks for rest.
According to ergonomics experts, non-compliance with NR-17 rules can be considered indicative of negligence and serve as a basis for recognizing the occupational link.
Financial and Legal Impact on Companies
Legal experts note that the recognition of stability can generate relevant liabilities for employers.
When reinstatement is not possible, courts usually order the payment of indemnity equivalent to 12 months of salaries, in addition to repercussions on FGTS, vacations, and thirteenth salary.
In cases of reduced work capacity, some decisions also set proportional monthly pensions, as in the case of the driver judged by TRT-2.
However, the insalubrity premium does not apply to venous insufficiency, as exposure to risk does not result from a physical or chemical agent.
Recommendations and Prevention Measures
Experts in occupational safety and health recommend that companies review schedules and shifts, promote regular breaks, and provide supports for posture alternation.
In some roles, the use of compression stockings may be included in the Occupational Health Medical Control Program (PCMSO).
These measures, according to people management consultants, contribute to both reducing the risk of illness and demonstrating good prevention practices, a factor that can influence the expert evaluation in any potential legal process.
Ongoing Medical and Legal Discussion
The medical community is discussing, in working groups linked to the Federal Council of Medicine (CFM), the creation of a specific protocol for work-related varicose veins.
In the meantime, each case continues to be analyzed individually by experts.
Lawyers who defend companies argue that genetic factors, sedentarism, or obesity can interfere in the development of varicose veins.
However, the prevailing understanding in the courts is that preexistence does not exclude responsibility when work worsens the condition.
With the consolidation of Theme 125, activities that require long periods standing have gained new weight in discussions about occupational health.
The challenge, according to specialists, is to balance productivity with the ergonomic demands set forth in the regulations.
The pressing question now is: are retail and service sector companies prepared to adopt effective prevention measures, or will the number of labor lawsuits regarding occupational varicose veins continue to grow in the coming years?
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