Mental health in companies: the new legal requirements and the role of corporate governance

In 2024, the World Health Organization (WHO) decided that “Mental health at work” would be the central theme of World Mental Health Day. The campaign reminds us that safe and healthy work environments act as protective factors, while adverse conditions such as overload, discrimination, harassment and other forms of violence undermine mental health, quality of life and productivity.

With 60% of the world’s population of working age, the WHO warns that we urgently need to act so that work does not become a source of illness. The organization stresses that governments, employers and workers’ representatives must work together, with meaningful involvement of workers themselves, investing in evidence-based approaches.

In Brazil, the topic has also gained momentum. The country ranks among the most stressed in the world. A report by the Ipsos Institute shows that Brazil was the fourth most stressed country in 2024. Leaves of absence due to mental disorders have grown by more than 400% in just a few years. In the first half of 2024 alone, SUS (Brazil’s public health system) recorded nearly 14 million psychological care visits. In response to this scenario, the government updated Regulatory Standard No. 1 (NR‑1) and enacted Law 14.831/2024, which institutes the Mental Health Promoting Company Certificate.

This article – aimed at governance, compliance and HR analysts and leaders – presents the impact of adopting (or not adopting) these measures. Mental health has ceased to be merely good practice and has become a legal obligation, and it shows how corporate governance and technology can turn this challenge into a competitive differentiator.

The invisible risks and social impacts

Without clear guidelines, many companies treated mental health as a subjective topic. The NR-1 in force until 2024 focused on physical, chemical and biological agents. Global WHO data shows that around 15% of working-age adults live with mental disorders, anxiety and depression, costing the world economy US$ 1 trillion/year in lost productivity.

In practice:

• Workers under pressure: excessive tasks, unattainable targets, and a lack of support and of work-life balance are common. A survey of 889 HR professionals, cited by Exame magazine, shows that 32% of Brazilian companies have not even started adapting to the new NR‑1.

• Toxic environments: harassment, discrimination and psychological violence go unnoticed in traditional occupational health and safety programs.

• Falling productivity: stress and burnout lead to sick leave and high absenteeism rates. The WHO points out that 15% of workers are living with mental disorders and that the economic cost is mainly due to the drop in productivity.

• Absent governance: quality and compliance teams focused solely on corporate results and on controlling documents and spreadsheets ignored the human dimension. Without formalized policies and without indicators, psychosocial risks stayed off senior management’s radar.

The new NR‑1 milestone – making visible what was invisible

MTE Ordinance No. 1.419/2024 amended NR‑1 and established that, as of May 26, 2025, occupational risk management must include psychosocial factors.

The main points of the updated NR‑1 are:

• Integration of psychosocial risks into the PGR – the Risk Management Program must cover “physical, chemical and biological agents, accident risks and risks related to ergonomic factors, including psychosocial risk factors”. The organization must classify these risks and adopt preventive measures.

• Worker participation – companies must adopt mechanisms for workers to participate in the risk management process and express their perception of psychosocial factors.

• Periodic assessment – the probability of injuries arising from ergonomic factors, including psychosocial risk factors, must consider the demands of the work activity and the effectiveness of prevention measures.

• Effective date and penalties – the new NR‑1 takes effect in May 2025. According to a report by Exame, the requirement to assess psychosocial risks will be enforced and fines are expected from 2026 onward.

According to the Panorama da Saúde Emocional do RH survey, only 5% of Brazilian companies were fully prepared for the new requirements in 2025. Most were still making adjustments or had not even started the process. The main barriers cited by respondents were:

• Team training – cited by 35% of respondents;

• Structuring and monitoring the program – 13%;

• Implementation costs – 11%.

Despite the difficulties, 65% believed the measure would bring benefits to mental health and 42% saw the standard as validation of the topic’s importance.

Law 14.831/2024 – certifying mental health promoting companies

Law 14.831, signed into law on March 27, 2024, creates the Mental Health Promoting Company Certificate and defines guidelines for companies to obtain the seal. The certificate is a public recognition granted to organizations that adopt effective well-being promotion practices.

Among the main requirements:

1. Mental health promotion

• Implement mental health promotion programs in the workplace;

• Offer psychological and psychiatric support to workers;

• Run awareness campaigns and training on mental health;

• Give specific attention to women’s mental health;

• Train leadership to deal with emotional issues;

• Fight discrimination and harassment in all their forms;

• Regularly assess and monitor the actions implemented.

2. Workers’ well-being

• Promote a safe and healthy work environment;

• Encourage work-life balance;

• Encourage physical activity, leisure and healthy eating;

• Foster integration and healthy communication at work.

3. Transparency and accountability

• Regularly publicize mental health promotion actions;

• Maintain suggestion channels and evaluations for workers;

• Develop periodic goals and results analyses.

The certification is valid for two years, and companies may use it in their promotional materials. Failure to comply with the guidelines can lead to revocation of the certificate. Some critics point to the absence of workers’ representatives in the initial discussions and to the focus on individual actions without tackling the structural causes of psychological distress.

On that note, these initiatives must be absorbed into the organizational culture. The seal gives the topic visibility and encourages cultural change, but leadership needs to be at the forefront of these initiatives and set the example.

The role of corporate governance

Both NR‑1 and Law 14.831 demand robust governance. In practice, this means going beyond the policies and processes adopted so far. Good governance must involve controls and actions for promoting and monitoring employee well-being, in addition to rules, processes and technologies that ensure the quality, security and traceability of information – principles we have already outlined in previous articles.

Applied to mental health, corporate governance requires:

• Commitment from senior management – boards of directors and executives must include mental health in ESG agendas, defining clear policies, indicators and goals.

• Integration with risk management – risk committees need to incorporate psychosocial risks into the hazard inventory, analyzing factors such as harassment, overload, ergonomics and organizational climate.

• Participation and transparency – CIPA (the internal accident prevention commission) and internal committees must be strengthened so that workers participate in identifying risks and designing action plans; results must be disclosed transparently.

• Ethics and compliance – internal audits must verify not only whether documents exist, but whether practices of psychological support, anti-harassment measures and balance promotion are actually being carried out.

Governance is also essential for certification: keeping records of mental health actions, well-being indicators and evidence of employee participation will make the certifying commission’s assessment easier.

Technology as an ally

Just as we discussed in the articles on digital transformation and document governance, technology is a key piece for bringing the new requirements to scale.

Some examples are:

• Risk management platforms – GRC (Governance, Risk & Compliance) solutions can integrate occupational health and safety data, assess exposure to psychosocial risks and issue alerts. Dashboards make it possible to track indicators such as absenteeism, turnover, harassment complaints and workplace climate survey results.

• Active listening tools – anonymous digital channels (chatbots, ombudsman apps) encourage workers to report harassment or overload without fear. The data feeds action plans and reveals trends.

• Online training and distance learning – NR‑1 itself provides guidelines for distance learning (Annex II). Microlearning platforms can train leadership and teams in emotional intelligence, burnout prevention and nonviolent communication.

• Mental health apps – mindfulness programs, on-demand psychological support and incentives for physical activity contribute to well-being. Although evidence of effectiveness is still limited, the WHO recommends combining organizational interventions with individual ones, such as stress management training and physical activities.

• Automation and document management – document management systems and workflows reduce repetitive tasks, freeing up HR and compliance professionals’ time to dedicate to strategic mental health promotion actions, as noted in the automation studies cited earlier.

Technology, however, does not solve everything. The WHO reminds us that individual interventions must be part of a broader set of organizational actions addressing risk factors in the work environment. Digital tools need to be accompanied by clear policies, empathetic leadership and an inclusive culture.

The tangible and cultural benefits

Companies that get ahead of NR‑1 and pursue the Mental Health Promoting Company Certificate have much to gain. The inclusion of mental health as an occupational risk is a significant step forward, and adopting a preventive stance creates a healthier, more productive environment. The expected benefits include:

• Engagement and talent retention;

• Sustainable productivity and fewer leaves of absence;

• Improved reputation as a responsible employer brand;

• Cost reduction in absenteeism and harassment-related legal disputes.

More than complying with a law, the cultural transformation driven by NR‑1 and Law 14.831 reflects a global trend of putting people’s well-being at the center of strategy. Corporate governance and technology are the pieces that make it possible to articulate policies, processes, data and people in pursuit of corporate objectives, but it is essential to ensure an environment where work contributes to mental health instead of harming it.