Alcoholics at workplace

As alcoholism is a disease, it may not be considered cause to terminate labor contract.

The main Brazilian labor law was written in early 1940s. In that time, alcohol dependents were not treated as ill persons, but weak-minded.

Today the disease is recognized as a health problem in most of Labor Highest Court's decisions (third degree court). However, the same does not happen in all Appeal Courts (second degree courts), therefore, some people have to wait years until they have their rights guaranteed. Even so, in the end, workers suffering from substance addiction usually win their cases.

Company's administrators must be aware that terminating labor contract because of alcoholism is not a good solution in Brazil. This decision may end up causing considerable loss of money in mid term.


Case: RR-1864/2004-092-03-00.2 (TST).