On April 6, 2026, Law 15,377/2026 was published in the Federal Official Gazette, which inserts article 169-A into the CLT and adds paragraph 3 to its article 473, imposing on companies an active duty to provide their employees with information on official vaccination campaigns, the human papillomavirus (HPV) and breast cancers. cervix and prostate.
According to the new law, it becomes the employer's obligation to:
- Provide its employees with information on official vaccination campaigns, HPV and breast, cervical and prostate cancers, in accordance with the guidelines and recommendations of the Ministry of Health;
- Promote affirmative actions to raise awareness about these diseases;
- To guide its employees on access to diagnostic services; and
- Inform its employees about the possibility of being absent from work to carry out preventive exams for HPV and the indicated cancers, without prejudice to salary.
Risks arising from legislative change
Although Law 15,377/2026 does not provide for a specific penalty for non-compliance, failure to comply with the new obligations may have consequences, such as:
Risk of administrative fines: The labor inspectorate may issue notices of infraction against employers who do not demonstrate compliance with the duty of information provided for in the new provisions.
Additional exposure in labor claims: non-compliance can be interpreted as a violation of the general duty to protect the worker's health provided for in article 157 of the CLT, increasing the employer's exposure in any labor claims, especially in claims involving serious illnesses, in which the employee claims not to have been informed of his right to absences for preventive exams.
Administrative and judicial proceedings: it is possible that the Labor Public Prosecutor's Office and the unions, through terms of adjustment of conduct, public civil actions and collective actions, seek to compel companies to implement information and awareness programs, with the eventual determination of collective moral damages.
In addition, in a scenario of growing appreciation of ESG practices, failure to comply with obligations aimed at the preventive health of workers can represent relevant reputational damage for the employer.
Recommendations for risk mitigation
In view of the immediate effectiveness of the law and the risks associated with non-compliance, it is recommended that companies adopt, in a structured manner, the following measures:
- Implementation of an information dissemination program: the company must systematically share with its employees official materials from the Ministry of Health related to vaccination campaigns, HPV and breast, cervical and prostate cancers. Internal communication channels (corporate e-mails, intranet, bulletin boards, internal applications, and other platforms) can be useful tools to ensure wide dissemination of information. Periodic updating is also essential, especially during public campaigns such as Pink October and Blue November.
- Promotion of awareness actions: it is recommended to carry out internal educational campaigns, which may include lectures, training, webinars, and the production of digital content on the topics covered by the law. These initiatives must be integrated into the company's existing occupational health and safety programs, when applicable.
- Guidance on access to diagnostic services: employees must be informed about where and how they can perform preventive exams, either through the public network or through the private network associated with the corporate health plan. Guidance on the importance of early diagnosis is also part of the scope of the legal obligation.
- Formal communication of the right to absence for preventive exams: the company must inform, in a clear and documented manner, that the employee has the right to be absent from work for up to 3 days, every 12 months of work, to carry out preventive cancer exams, without prejudice to salary, under the terms of item XII of article 473 of the CLT. This communication can be formalized in internal regulations, Human Resources policies, employment contracts, contractual amendments, or periodic notices to employees.
- Documentation and registration of actions: any and all initiatives adopted in compliance with Law 15,377/2026, including records of communications, training attendance lists, proof of sending informational materials, and evidence of campaigns carried out, must be properly documented. The maintenance of this documentation is essential for labor inspection purposes and for possible defense in administrative and judicial proceedings.
- Review of internal policies and regulations: It is recommended that internal regulations, onboarding manuals, and HR policies be reviewed and updated to account for the new legal obligations and ensure that procedures are formalized and accessible.
Reach out to our team for a tailored assessment of your company's needs. We are ready to guide you through every step of the compliance process under the new legislation, ensuring full adherence and effective risk mitigation.
