Apple TV+'s new critical and commercial success, "Rupture," considered one of the best series of 2022, discusses what would happen if our memories of work and personal life were separated. When we're at work, we don't remember anything about our personal lives, and when we're in our personal lives, we don't remember anything about work.
1. THE RUPTURE SERIES
Directed by Ben Stiller and created by Dan Erickson, Rupture is a science fiction and suspense story, bringing a dystopian world marked by technology, very reminiscent of Black Mirror from Netflix.
Through the characters Mark (Adam Scott), Helly (Britt Lower), Irving (John Turturro), and Dylan (Zach Cherry), various political, philosophical, and ethical discussions arise regarding this process of memory disruption. By isolating memories from their personal lives, a new persona is created at work, one that knows nothing about their lives, whether they're married, what their hobbies are, whether they have children, or where they live. This work persona develops new tastes and preferences, as it lacks the foundation of memories and baggage from the past. What happens within the protagonists' work... Lumen Industries It is one of the great mysteries of the story, which mesmerizes you until the end of the series.
As the series progresses, the work persona ends up becoming a slave to the company, trapped in a loop of eternal work, condemned to exist to work. The company doesn't let the employee know in their personal lives that the one at work is dissatisfied or unhappy with their work life.
In times of physical and mental exhaustion resulting from work, especially after the coronavirus pandemic, the series brings an extremely pertinent debate about health in the workplace.
2. BRAZILIAN LAW
Bringing it to our reality: within Brazilian law, is the company responsible for the well-being and health of its employees?
The answer is yes!
According to the Dicio Dictionary, well-being means good physical, psychological or spiritual disposition; satisfaction; a state of tranquility, of someone who is safe or comfortable; tranquility; a combination of elements that cause satisfaction (good health, security, financial stability, comfort, etc.)
The employer must ensure that elements and factors are in place to provide a safe, healthy and comfortable work environment, so that the employee can perform their role in a sustainable manner.
Our Federal Constitution treats the environment as equal to the workplace in terms of protection. It mandates the reduction of inherent workplace risks through health, hygiene, and safety standards.
Another relevant point is that Brazil is a signatory to ILO Convention 155/1981, which regulates the safety and health of workers, aiming to prevent accidents and damage to health that are a consequence of work or that are related to work activities.
Any work-related illness or accident is the employer's responsibility. Absence from work for more than fifteen days due to an accident or occupational illness entitles employees to social security benefits and job security upon return. Employees cannot be dismissed for a period of 12 months. Employees may only be dismissed for just cause.
3. THE WORK ENVIRONMENT
The CLT determines that if environmental conditions become uncomfortable due to installations that generate cold or heat, it will be mandatory to wear clothing suitable for working in such conditions or to use chapels, bulkheads, double walls, thermal insulation and similar resources, so that employees are protected against thermal radiation.
Working in unhealthy conditions, above the tolerance limits established by the Ministry of Labor, ensures the receipt of an additional payment of respectively 40% (forty percent), 20% (twenty percent) and 10% (ten percent) of the minimum wage in the region, depending on whether they are classified as maximum, medium and minimum.
Activities or operations that, due to their nature, working conditions or methods, expose employees to agents that are harmful to health, above the tolerance limits established due to the nature and intensity of the agent and the time of exposure to its effects, will be considered unhealthy.
According to the Oxford Languages dictionary, the word "unhealthy" means something that is not good for health, something that causes illness. When the work environment exposes workers to harmful agents, the employee is entitled to additional compensation for the risk to which they are exposed.
We can give examples of some of the most common unhealthy agents:
- Excessive heat;
- Excessive cold;
- Excessive light;
- Exposure to reduced oxygen conditions, mineral dust or contaminated air;
- Biological agents;
- Continuous, intermittent or impact noises;
- Excessive vibrations;
- Excessive humidity;
- Radioactivity;
- Hyperbaric conditions (subject to pressures greater than atmospheric);
- Chemicals or toxics;
- Fire;
- Electric energy;
- Heavy machinery.
The elimination or neutralization of unhealthiness will occur:
- By adopting measures that keep the work environment within tolerance limits;
- With the use of personal protective equipment for workers, which reduces the intensity of the aggressive agent to tolerance limits
According to the Superior Labor Court (TST), in its Summary Ruling No. 80, the elimination of unhealthiness through the provision of protective equipment approved by the competent Executive Branch body excludes the payment of the corresponding additional payment. The provision of protective equipment that eliminates the risk to the worker's health exempts the company from paying the unhealthiness additional payment.
Through Summary 289, the Superior Labor Court (TST) clarifies that the mere provision of protective equipment by the employer does not exempt them from paying the hazardous work allowance. It is the employer's responsibility to take measures that lead to the reduction or elimination of the harmful effects, including those related to the effective use of the equipment by the employee.
The CLT, in its article 193, also establishes that work in dangerous conditions guarantees the employee an additional 30% (thirty percent) on the salary without increases resulting from bonuses, awards or participation in the company's profits.
Activities or operations that, due to their nature or work methods, involve a significant risk due to the worker's permanent exposure to:
- Flammable, explosive or electrical energy
- Robberies or other types of physical violence in professional personal or property security activities.
- The activities of workers on motorcycles are also considered dangerous.
- Employees who operate gas pumps are also entitled to hazard pay, according to TST Summary 39.
4. EMPLOYER'S DUTIES
It is the employer's duty to provide a safe working environment, hence the obligation to compensate the employee for the risk to which he is exposed due to the job he performs.
Specifically regarding physical and mental exhaustion or so-called Burnout syndrome, the Ministry of Health defines the disease as:
(…) um distúrbio emocional com sintomas de exaustão extrema, estresse e esgotamento físico resultante de situações de trabalho desgastante, que demandam muita competitividade ou responsabilidade. A principal causa da doença é justamente o excesso de trabalho. Esta síndrome é comum em profissionais que atuam diariamente sob pressão e com responsabilidades constantes, como médicos, enfermeiros, professores, policiais, jornalistas, dentre outros. Traduzindo do inglês, “burn” quer dizer queima e “out” exterior. A Síndrome de Burnout também pode acontecer quando o profissional planeja ou é pautado para objetivos de trabalho muito difíceis, situações em que a pessoa possa achar, por algum motivo, não ter capacidades suficientes para os cumprir. Essa síndrome pode resultar em estado de depressão profunda e por isso é essencial procurar apoio profissional no surgimento dos primeiros sintomas. (MINISTÉRIO DA SAÚDE, 2021).
If any employee is exposed to work that causes burnout, it may be classified as an occupational illness, entitling them to paid leave and job security upon their return. In some cases, with a proper medical report, they may be eligible for disability retirement due to burnout syndrome.
If you find yourself in such a situation (which is quite likely), you can report the working conditions to the Public Labor Prosecutor's Office (MPT) in your city, as well as to your union. It's also important to consult a lawyer, as a professional opinion is crucial in such a case.
When reporting to the Public Prosecutor's Office (MPT), your personal information provided when filing a complaint is confidential and will not be disclosed during a potential inspection. If the complaint is specifically about forced labor, the complainant's identification is not required.
REFERENCES
MINISTÉRIO DA SAÚDE. Síndrome de Burnout. Gov.Br, [s. l.], 2021. Disponível em: https://www.gov.br/saude/pt-br/assuntos/saude-de-a-a-z/s/sindrome-de-burnout#:~:text=S%C3%ADndrome%20de%20Burnout%20ou%20S%C3%ADndrome,justamente%20o%20excesso%20de%20trabalho. Acesso em: 6 maio 2022.