Compensation for lost time as an independent damage in labor law

Abstract

This article investigates the possibility of compensation for lost time in the context of labor relations, based on an analysis of the theoretical formulations that support the need to compensate for lost time as an autonomous damage. Initially, the theories of the productive deviation of the consumer are addressed, highlighting the importance of recognizing time as a scarce and valuable legal asset. The research then turns to the application of these theories in labor law, based on case studies and analysis of court decisions in the Regional Labor Court of the 4th Region and the Superior Labor Court. The analysis of the judgments is based on the methodology of “state of the art” and “critical empiricism” and reveals the variety of understandings and the complexity of the application of the theory of productive deviation in the context of labor relations, highlighting the need to deepen the debate on reparation for the loss of workers' time. Case law has recognized the possibility of compensation for the damage caused by productive deviation in the workplace, signaling the importance of guaranteeing the effectiveness of employees' rights and valuing time as an essential resource in professional life. By reflecting on compensation for lost time in labor law, this study contributes to broadening the understanding of the protection of workers' rights and to promoting fairer and more equitable labor relations. The analysis of the theories of productive consumer deviation and their application in the labor context opens up new perspectives for understanding and confronting contemporary challenges related to the time and value of work, pointing towards the construction of a more humane and respectful work environment.