Brazil's TST orders Ambev subsidiary to pay hazard pay to motorcycle salesperson

The Superior Labor Court (TST) has ordered CRBS S.A., a company within the Ambev group, to pay a 30% hazard pay premium to a salesperson who habitually used a motorcycle for professional activities. The decision, issued on October 1, affirms that the right to this additional pay is established directly by federal labor legislation (CLT) and does not require supplementary regulation from the Ministry of Labor to be effective.

The case originated from a lawsuit seeking payments dating back to June 18, 2014, when legislation recognizing motorcycle-based work as hazardous came into force. While a lower court initially granted the request, the Regional Labor Court (TRT-1) had overturned the ruling, citing a suspension of Ministry of Labor regulations for companies associated with industry groups like Abir and Confenar.

However, the TST overturned the regional decision. Justice Delaíde Miranda Arantes, the rapporteur, emphasized that an infra-legal norm or ordinance cannot restrict a right guaranteed by federal law. The court's second chamber ruled unanimously that the hazard pay for habitual motorcycle use is a direct provision of the Consolidation of Labor Laws (CLT).