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The Superior Labor Court Decision Redefines Limits of Corporate Responsibility in Social Gatherings Outside Working Hours, When Analyzing Sports Accident Occurred in Voluntary Corporate Event Held Away from the Work Environment, with Direct Impact on the Discussion About Labor Compensation.
An electronics technician who sustained a knee sprain during a volleyball match at a year-end social gathering will not receive compensation from the company responsible for the event.
In a decision released on 12/11/2025, the Fifth Panel of the Superior Labor Court dismissed the responsibility of AEL Sistemas S.A., in the technology and defense sector, based in Porto Alegre, concluding that the recreational activity was voluntary, took place outside the work environment and working hours, and bore no relation to the employee’s functions.
According to the panel, this set of factors breaks the link between the event promoted by the company and the accident.
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As a result, any condemnation for payment of moral damages, medical expenses, or other forms of compensation is prevented.
Accident in Social Gathering Outside Working Hours
The case originated from a gathering held at the end of 2012, at a resort located in Viamão, in the Metropolitan Region of Porto Alegre.
During a volleyball game among colleagues, the technician injured his left knee.
After the incident, he required surgery and physiotherapy sessions.
In the labor lawsuit, the employee argued that the sprain should be treated as work-related accident.
The worker also claimed that, although the meeting was presented as a social gathering, participation in the party would effectively be mandatory.
Based on this argument, he requested compensation for moral and material damages, including reimbursement for medical expenses related to the treatment.
Medical Expertise and First Instance Decision
The action was initially analyzed by the 30th Labor Court of Porto Alegre.
The requests were deemed unfounded.
According to the medical expertise, the worker already had pre-existing injuries in the knee.
The report also concluded that there was no incapacity to perform professional activities.
Additionally, the court noted that the accident occurred outside working hours and location.
Another point highlighted was the recreational nature of the activity.
For the judge, participation in the volleyball game had no direct relation to the functions performed by the technician at the company.
Nevertheless, the worker appealed the decision.
Regional Labor Court Understood That Company Should Compensate
Upon reevaluating the case, the Regional Labor Court of the 4th Region adopted a different understanding.
For the TRT, the company could be liable for accidents occurring in festivities organized by it, even if held outside the formal work environment.
According to the regional court, the location and dynamics of the event were under the company’s direction.
With this reasoning, the civil liability of the employer was recognized.
The compensation for moral damages was set at R$ 10,000.
Reimbursement for the medical expenses proved by the worker was also ordered.
In light of the condemnation, the company appealed to the Superior Labor Court.
Superior Labor Court Dismisses Causal Link and Company Blame
In ruling on the appeal, the relator, Minister Douglas Alencar, emphasized that there was no evidence of coercion, threat, or retaliation if the employee chose not to participate in the social gathering.
For the Fifth Panel, the voluntariness of participation was a central element in the case analysis.
The minister also highlighted that the event occurred outside working hours and outside the work environment.
These factors, according to the relator, eliminate the necessary link between the accident and the provision of services.
Another point emphasized was the nature of the incident.
The accident was classified as fortuitous and unpredictable event, unrelated to the corporate activity.
In the panel’s assessment, the injury could have occurred in any other similar recreational environment.
The Superior Labor Court also noted that there was no omission of assistance by the company.
Furthermore, no employer fault or link between the injury and the professional activities of the employee was identified.
Thus, the decision of the TRT was overturned.
AEL Sistemas was exempted from any compensation related to the case.
Understanding of the Superior Labor Court in Similar Cases
During the judgment, the relator mentioned that the Superior Labor Court has already analyzed other cases with similar characteristics.
The precedents involve accidents occurring in sports competitions or social gatherings promoted by companies.
In situations where employee participation was voluntary, the Superior Labor Court also dismissed corporate responsibility.
The court emphasized that each case must be analyzed according to its specific circumstances.
Still, the understanding reaffirms objective limits for the characterization of work-related accidents in recreational events.
Currently, the Superior Labor Court is composed of eight Panels.
These panels judge primarily review appeals, instrument appeals, and appeals against individual decisions by reporters.
From the panels’ decisions, appeals may still be made to the Section I Specialized in Individual Disputes.
With the consolidation of this understanding, how should companies and workers prepare to avoid legal disputes involving accidents at corporate gatherings outside working hours?
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