Understand the new Mental Health Act 2024 and how HR should prepare

The new "Mental Health Law 2024" reflects an urgent response to the alarming statistics on mental health in Brazil, where around 11.5 million people (5.8%) suffer from depression and approximately 18.6 million have disorders such as anxiety, according to data from the Pan American Health Organization (WHO). 

A survey carried out in the US by Deloitte indicated that at least 77% of those interviewed had experienced burnout in their current jobs and 91% said that having a high stress or frustration load negatively affected their day-to-day performance.

These conditions emphasize the importance of having robust policies in place to deal with these challenges and make the corporate environment healthier and more productive. Find out in our full article how the new legislation is shaping better working environments and how your company can start adapting.

Understand the new "Mental Health Act 2024"

Sanctioned on March 27, 2024 by President Luiz Inácio Lula da Silva, the Law No. 14.831 establishes guidelines for mental health care in Brazilian corporate environments. The legislation encourages the relevance of a work environment that promotes corporate well-being, requiring companies to implement effective psychological support programs.

Companies that meet these requirements will receive the "Mental Health Promoting Company Certificate", which is valid for two years and renewable upon reassessment. The law not only highlights the need for concrete actions to promote mental health, but also establishes the responsibility of organizations to guarantee a suitable working environment.

To comply with the law, institutions must implement mental health support programs, promote safety in the workplace and raise awareness about the importance of mental health. The aim of certifying these actions is to prevent brands from using mental health discourse only for marketing purposes without taking practical action, so-called"mental health washing".

How to obtain the "New Mental Health Act" certificate

The certificate of the new "Mental Health Act" is a seal to certify that an organization is really implementing good conduct to promote mental health. 

There are a series of criteria set out in Article 3 of the law, which must be met before the bodies responsible can issue the certificate. Find out below about the actions required to obtain the "New Mental Health Law" certificate.

1. Mental health promotion

It is necessary to adopt a series of actions focused on promoting the mental well-being of employees, such as:

1. Implementation of mental health programs in the workplace, offering psychological and psychiatric support.
2. Campaigns and training to raise awareness of mental health.
3. Training leaders to deal adequately with mental health in the corporate space.
4. Combating discrimination and harassment, ensuring an environment free of prejudice.
5. Regular evaluation and monitoring of the measures implemented to ensure their effectiveness and make any necessary adjustments.

2. Workers' well-being

The new "Mental Health Act" emphasizes the importance of establishing a healthy corporate environment as an essential part of workers' well-being. This approach aims not only to protect employees physically, but also mentally, by creating a space where they feel valued and supported, through actions such as:

1. Work-life balance: encouraging practices that allow employees to better manage their time and responsibilities.
2. Physical and leisure activities: encouraging participation in activities that promote physical health and relaxation.
3. Healthy eating: promoting suitable eating options in the workplace.
4. Positive interaction and communication: fostering an environment that promotes collaborative interactions and effective communication between employees.

3. Transparency and accountability

Under the "New Mental Health Act", companies are required to adopt a transparent and accountable stance towards their mental health practices. This includes clear and frequent communication about the policies adopted and initiatives underway. The actions required to ensure transparency and accountability are:

1. Regular dissemination: continuously informing about mental health policies and actions through the company's communication channels.
2. Feedback channels: keeping channels open for employee suggestions and evaluations, strengthening dialog and involvement.
3. Developing targets and analysis: setting clear targets and carrying out periodic analysis of the results of mental health initiatives, promoting continuous improvements and necessary adjustments.

When will it be possible to obtain the Mental Health Promoting Company Certificate?

The "Mental Health Law 2024" imposes a detailed regulatory process before companies can obtain the Mental Health Promoting Company Certificate. Initially, a designated working group will have up to 180 days after the law's publication to draw up and present the specific certification criteria.

These criteria, once proposed, must be validated and approved by the Minister of Human Rights and Citizenship. This phase can also involve other ministries, such as Labor and Health, to ensure a comprehensive approach.

Once the criteria have been officially approved, interested companies can then start adapting their practices to meet the new standards and apply for the certificate. This careful process ensures that the guidelines are implemented effectively to promote high standards of mental health in the workplace.

How HR should prepare for the new "Mental Health Act"

To adapt to the new "Mental Health Act 2024", HR must renew the organizational culture, promoting effective integration of mental health practices. This involves cultivating an environment where discussions about mental well-being are encouraged.

The stigma associated with these conditions must be actively combated through educational programs and ongoing support. By implementing measures that meet the diverse needs of employees, HR can significantly improve talent talent retention and reduce absenteeism. 

These initiatives can increase organizational productivity and also strengthen the brand's reputation in the market.

The importance of mental health at work

Valuing mental health in the workplace builds a positive corporate environment that brings positive measures not only for employees, since by promoting these practices, companies are able to significantly improve the organizational climate, increase team engagement and, consequently, have a positive impact on profitability.

With the new legislation on the subject, there is a push for ongoing practices to support mental well-being, involving more than occasional campaigns and requiring a real commitment to creating a welcoming and inclusive working environment for everyone.

What's more, with Alymente's support, your company can commit to enhancing employee well-being through our flexible partnerships, such as TotalPass and Versaliza.

Now that you know all about the "New Mental Health Act 2024", understand how to create a strong organizational culture and start promoting corporate well-being in your company.

Image credit: Freepik.