EXISTENTIAL DAMAGE DUE TO EXCESSIVE WORKING HOURS: POSITIONS OF THE COURTS

Abstract

Over the years and to this day, employee-employer relationships have been guided by labor law, the main objective of which is to regulate the work environment and ensure the enjoyment of the rights of the members of these relationships, always considering the weakest link in the relationship, the employee. Currently, what has become a subject of great discussion in this environment is the harm caused to the worker due to excessive working hours. To this end, this article addresses the concept of existential harm, as well as that resulting from excessive working hours, emphasizing its configuration and the positions of the courts on the subject. The analysis highlights that existential harm is characterized by the violation of the worker's right to personal freedom, manifesting itself when the imposition of excessive working hours restricts the capacity for choice in fundamental aspects of life, such as leisure and social interaction. Case law, especially decisions of the Regional Labor Court, reinforces that, although proof of specific losses may increase the compensation, it is not a requirement for the configuration of harm. The discussion is broadened when we consider that both workers with family responsibilities and those without children face existential harm due to the mere limitation of their freedom. Thus, the protection of workers' fundamental rights is essential to promote working conditions that respect human dignity, contributing to a fairer and more balanced work environment.