Disconnecting: a workplace right with a broader debate following the update to NR-1

Juliana Krebs Aguiar - Fundadora da Krebs Aguiar Advocacia.

Remote and hybrid work has long been a global reality. Smartphones, messaging apps, and emails available at any time are part of corporate life. In cases of extreme weather events that prevent commuting, technology even becomes the only way to keep businesses running. However, while technology brings numerous solutions, it has also blurred the line between work and personal life. The pressure for constant availability has become a critical issue, increasing the risks of mental and physical exhaustion, as rest is essential for both productivity and well-being.

In this context, the right to disconnect has emerged. In Brazil, the 2017 Labor Reform regulated remote work but left gaps regarding this fundamental issue. Nevertheless, more and more Brazilian companies are implementing measures to ensure this right, such as restricting messages outside working hours, establishing clear response-time policies, and promoting awareness programs on the importance of rest. These practices contribute to a healthier organizational environment and help prevent conflicts between employers and employees—conflicts that, if not addressed, may ultimately end up in court.

Now, with the update to Regulatory Standard No. 1 (NR-1) and new rules taking effect in May 2025, this issue becomes even more relevant. Considered a key component of Brazil’s occupational safety and health legislation, NR-1 will require companies to incorporate mental health into their Occupational Risk Management Program (GRO), monitoring psychosocial risks that may affect employees. The growing number of work absences due to conditions such as anxiety, depression, and burnout underscores the importance of this measure.

Moreover, violating the right to disconnect can lead to labor lawsuits, with financial and reputational consequences for companies. Therefore, both employers and employees must recognize the importance of fostering healthy work environments that balance professional and personal life. Failing to respect these boundaries can result in significant costs for all involved.

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Por Juliana Krebs Aguiar Fundadora da Krebs Aguiar Advocacia.
Founder of Krebs Aguiar Advocacia, Full Professor at Ulbra Law School, and Master in Business Law and Corporate Affairs.
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