Happiness at Work: Between Business Strategy and the Legal Duty to Prevent Burnout
By Joana Capaz Coelho
For many workers, summer
represents a period of pause, physical and emotional recovery, and reconnection
with their personal lives. Holidays make it possible
to interrupt, albeit temporarily, the intense pace of everyday professional
life, reduce stress levels, and restore energy. However, now that September
marks the full resumption of professional activity, it is important to ask
whether organisations are genuinely prepared to preserve this balance or
whether, on the contrary, they reproduce work models that quickly lead to
overload, exhaustion, and burnout.
It
is precisely in this context of returning to work that the reflection on
happiness at work acquires particular relevance. More than a concept associated
with individual well-being, happiness at work has now become a strategic factor
for organisations and a dimension that is gaining increasing relevance from a
legal perspective, through the duties to protect workers’ physical and mental
health.
Happiness
at work is no longer an abstract concept or a concern limited to human
resources departments; it has assumed a strategic role in organisational
management. This is one of the main conclusions of the “Happiness Works 2026”
study, published by Forbes Portugal, which highlights a paradigm shift in the way
companies approach the well-being of their employees.
Conducted
among 8,174 Portuguese professionals across 11 sectors of activity, the study
assigns organisational happiness an overall score of 4.0 out of 5. The findings
show that organisations that foster environments characterised by trust,
purpose, and work–life balance are better positioned to attract, retain, and
develop talent.
Nevertheless,
the study also reveals a reality that deserves careful consideration. Despite
high levels of commitment and motivation, clear signs of imbalance coexist with
these positive indicators, and organisations cannot afford to ignore them. As
Georg Dutschke, co-founder of Happiness Works, points out, this discrepancy
between the effort invested and the reward perceived by workers is associated
with tangible risks, including physical and emotional exhaustion, deteriorating
well-being, and an increased intention to leave. At the same time, work is no
longer assessed solely in terms of the results it produces, but is also increasingly
valued according to the quality of the experience it provides to those who
perform it.
The
study also identifies purpose as one of the most determining factors of
happiness at work. Organisations that are able to align their mission with
their employees’ personal goals foster more committed teams, healthier working
environments, and better organisational outcomes. More than occasional benefits
or financial incentives, trust, recognition, leadership quality, and a sense of
belonging are emerging as genuine drivers of happiness.
Another
particularly relevant aspect highlighted by the study concerns time management.
Workers increasingly value the possibility of reconciling their professional
and personal lives, attributing to time an importance that, in many cases,
exceeds its monetary dimension. In response to this reality, many organisations
have been rethinking their working models, adopting hybrid arrangements, more
flexible working hours, and reductions in meetings and redundant tasks, while,
in some cases, experimentally introducing a four-day working week. As Forbes
Portugal concludes, work–life balance has ceased to be merely a benefit and has
assumed a decisive role in talent retention and organisational performance.
The
“Happiness Works 2026” study also highlights a particularly significant
paradigm shift: the most effective organisations have moved away from viewing
happiness as merely an emotional outcome experienced by workers and have
instead come to regard it as a genuine indicator of the quality of the
organisational system. From this perspective, well-being is no longer an
ancillary benefit provided by the company, but rather a consequence of sound
management practices. The data also show that happier employees have lower
levels of absenteeism, a lower intention to leave the organisation, and higher
levels of productivity. In a context of ongoing transformation in the labour
market, companies that are able to create environments characterised by trust,
purpose, and balance are better positioned to attract, retain, and develop
talent.
This
evolution is also reflected in the legal sphere. Although Portuguese law does
not expressly recognise a “right to happiness at work”, the protection of
workers’ health and safety constitutes a fundamental dimension of Labour Law.
First
and foremost, Article 59(1)(c) of the Constitution of the Portuguese Republic
enshrines the right of all workers to working conditions that ensure hygiene,
safety, and health. In implementation of this constitutional principle, Article
127 of the Labour Code imposes on employers a duty to provide good working
conditions, both from a physical and moral perspective, as well as to adopt
measures aimed at preventing occupational risks.
In
turn, Law No. 102/2009 of 10 September, which establishes the legal framework
for the promotion of safety and health at work, requires employers to ensure
safety and health conditions in all aspects related to work, through the
identification, assessment, and prevention of occupational risks. This
obligation follows expressly from Article 15 of that statute, which requires
the reduction of psychosocial risks and the adaptation of work to the worker.
This
preventive duty assumes particular relevance in light of the risks associated
with current forms of work organisation, including psychosocial risks, whose
importance has become increasingly prominent in the context of protecting
workers’ mental health.
It
is precisely in this context that burnout assumes particular significance.
Recognised by the World Health Organization as an occupational phenomenon
resulting from chronic workplace stress that has not been successfully managed,
burnout is characterised by a state of physical and emotional exhaustion,
accompanied by feelings of detachment from one’s work and reduced professional
efficacy.
Although
burnout does not yet have an autonomous definition under Portuguese Labour Law,
this does not mean that it is legally irrelevant. Whenever work organisation,
excessive workloads, inadequate rest periods, constant pressure, lack of
recognition, or inappropriate leadership models contribute to the development
of this phenomenon, the employer may be in breach of its legal obligations
concerning occupational safety and health.
In
this context, Law No. 83/2021 of 6 September is also of particular importance,
as it strengthened the protection of work–life balance, notably by establishing
the employer’s duty to refrain from contacting workers during their rest
periods, except in cases of force majeure provided for by law (Article 199-A of
the Labour Code, as introduced by Law No. 83/2021). This legislative framework
highlights the importance attached to rest, disconnection from work, and the
balanced organisation of working time as instruments for protecting workers’
health.
Preventing
burnout therefore requires an integrated approach, involving the assessment of
psychosocial risks, balanced work organisation, the promotion of healthy
leadership practices, recognition of workers, the promotion of purpose, and
respect for rest periods and work–life balance.
The
message conveyed by the “Happiness Works 2026” study is clear: happiness at
work is no longer merely an ancillary benefit, but has emerged as a genuine
factor of organisational competitiveness and sustainability. From a legal
perspective, this development translates into the growing importance attached
to employers’ duties to protect workers’ physical and mental health, requiring
organisations to adopt increasingly preventive approaches.
As
summer draws to a close and organisations fully resume their activities, this
may be an opportune moment to reconsider how work is organised. From a legal
perspective, this evolution reflects the growing importance of employers’
duties of active prevention, signalling that mental health is no longer merely
an ethical choice, but a legal obligation. In this sense, organisational
happiness and burnout prevention may be understood as two sides of the same
coin. Organisations that persist in work models conducive to exhaustion risk
not only legal sanctions and intervention by labour inspection authorities, but
also a loss of competitiveness in a market that increasingly values human
capital. Promoting well-being is no longer a matter of courtesy on the part of
Human Resources; today, it is essential to achieving sustainable organisational
effectiveness and ensuring full compliance with Labour Law.
Happiness
at work cannot be built through occasional initiatives, well-being sessions, or
benefits designed to make the workplace more appealing. Nor can it be presented
as an exclusively individual responsibility, as though workers were solely
responsible for managing stress, setting boundaries, or preventing burnout.
Happiness — or, at the very least, the possibility of working in a healthy
environment — depends to a considerable extent on the conditions under which
work is organised.
This
is where the legal dimension becomes particularly relevant. If employers have a
duty to protect workers’ health and safety and to prevent occupational risks,
then burnout prevention cannot be treated as a merely optional measure or as a
secondary management concern. The issue is not to guarantee that every worker
is happy. It is to ensure that no one becomes ill because the way work is
organised has made exhaustion inevitable.
We
all know someone who has been through this. Someone who started taking work
home, who could no longer switch off their phone, who began living in a state
of constant exhaustion, who lost their motivation or who, quite simply, reached
a point at which they could no longer carry on. Too often, we only recognise
the seriousness of the situation when the body or the mind forces us to stop.
Perhaps
that is precisely why prevention must begin before the breaking point.
Now
that September marks the return to the usual pace of work and the redefining of
goals, deadlines, and priorities, it is also important to ask: what kind of
organisations do we want to build and, above all, at what cost do we want to be
productive?
Because
a truly sustainable organisation is not one that manages to extract more from
its workers, but one that is able to achieve good results without compromising
the health of those who make them possible.
Happiness
at work may continue to be a business strategy. But preventing suffering,
exhaustion, and burnout is not a matter of happiness: it is a matter of
responsibility. And, increasingly, it is also a matter of legal responsibility.


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