Brazil labor laws regarding illness and dismissal

Under Brazilian labor law, companies are permitted to dismiss employees who are ill, provided the dismissal is not motivated by the illness itself. Law 9.029/1995 prohibits discriminatory practices intended to terminate employment relationships based on health status.

Certain conditions restrict or complicate dismissal. Employees receiving benefits from the Social Security Institute (INSS) due to incapacity generally cannot be dismissed while their contract is suspended. Additionally, workers who suffer from work-related accidents or illnesses are entitled to 12 months of job stability following the end of their accident assistance.

In cases involving serious illnesses that carry social stigma, such as HIV, the Superior Labor Court (TST) presumes dismissal to be discriminatory. This shifts the burden of proof to the employer, who must demonstrate that the termination was based on legitimate reasons, such as documented job cuts, rather than the medical condition.