international employment law firm alliance L&E Global

Brazil: Law Creates the Certificate for Companies that Promote Mental Health

Authors:  Gabriela Lima, Mariana Fiorotto and Vitória Jordão

On 28 March 2024, Law 14,831/2024 was enacted, creating the Certificate for Companies that Promote Mental Health and outlining the requirements for obtaining it. The certificate will be granted by the federal government to companies that meet the requirements for promoting the mental health and well-being of their workers.

The law lists actions and policies that must be implemented by companies related to: (i) promotion of mental health, (ii) employees’ wellbeing; and (iii) transparency and accountability.

Actions and policies related to the promotion of mental health include the implementation of mental health promotion programs in the work environment, access to psychological and psychiatric support resources for employees, promotion of mental health awareness through campaigns and training, and regular evaluation and monitoring of implemented actions and their adjustments.

Employees’ wellbeing includes promotion of a safe and healthy work environment, encouragement of physical activity and leisure pursuits, healthy eating habits, and integrative communication.

As per the actions and policies related to transparency and accountability, companies are required to: (a) regularly disseminate actions and policies related to the promotion of mental health and employee’s well-being through their communication channels; (b) maintain a channel for receiving suggestions and evaluations; and (c) promote the development of goals and periodic analysis of results related to the implementation of mental health actions.

The Certificate will be granted by a commission appointed by the federal government in accordance with regulations yet to be issued. The commission will be responsible for verifying the conformity of the practices developed by the company to promote the mental health of its workers based on the requirements established by Law.

Once obtained, the Certificate will be valid for 2 years. After which, the company must undergo a new evaluation for its renewal. The procedures for granting, reviewing, and renewing the Certificate will be established by future regulations. Failure to comply with the requirements established by Law may result in the revocation of the Certificate.

Companies that obtain the Certificate are authorized to use it in their communication and promotional materials, to highlight their commitment to the mental health and wellbeing of their workers.

Key Action Points for Human Resources and In-House Counsel

  • Follow up on the enactment of the regulations of Law 14,831/2024; and
  • Study the implementation of actions and policies set forth by Law to obtain the Certificate.