Occupational illness: understand your right to job security

LABOUR LAW

Published in June 2025

Occupational illness and job security are essential topics for anyone working in environments with physical or emotional risks. When an illness is recognised as work-related, it can guarantee the employee the right to job security for up to 12 months after returning to work.

What is an occupational illness?

An occupational illness is any health condition caused or aggravated by work activities. The most common examples include:

  • Repetitive strain injuries (RSI);
  • Psychological disorders caused by stress;
  • Respiratory problems caused by unhealthy work environments.

Job security after medical leave

When an employee must take leave for more than 15 days and receives work-related sickness benefit (B91) from the National Social Security Institute (INSS), they gain the right to job security for 12 months after returning to work. During this period, they cannot be dismissed without just cause.

The role of companies in prevention

Companies must keep reports up to date, run prevention programmes and ensure a healthy work environment. This not only reduces legal risk but also values employee well-being.

What to do when facing an occupational illness?

For the employee: it is essential to identify symptoms early, seek medical and legal support, and demand recognition of these rights.

For the company: investing in workplace safety and ongoing medical monitoring is the best way to avoid litigation.

If you have questions about occupational illness and job security, count on the team at Petereit e Sato Advogados. Our team specialised in Labour Law can offer the guidance you need.

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