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2 clusters · 2 sources · 24 days · First seen · Last updated

Brazil labor law hazard pay regulations

Overview

The Superior Labor Court (TST) in Brazil has affirmed that motorcycle workers are entitled to a 30% hazard pay premium, known as ‘periculosidade’. The court ruled that this right, established by Law 12.997/2014, is self-applicable and does not require additional regulation from the Ministry of Labor to be enforced.

Under the Consolidation of Labor Laws (CLT), ‘periculosidade’ is a fixed percentage of an employee's remuneration for tasks involving imminent risk of fatality, such as handling explosives or operating motorcycles. This is distinct from ‘insalubridade’, which compensates for exposure to harmful physical, chemical, or biological agents. Brazilian law prohibits receiving both bonuses simultaneously, requiring employees to select the most advantageous option.

Entities

Ministry of Labor · Tribunal Superior do Trabalho · CRBS S. A. · Ambev S. A. · Delaíde Miranda Arantes

Timeline

  1. [BUSINESS] 2 sources
    Brazil labor law: Differences between health and danger bonuses

    Brazilian labor law distinguishes between 'insalubridade' (exposure to harmful agents) and 'periculosidade' (imminent risk), requiring technical proof for compensation and retirement benefits.

  2. [BUSINESS] 3 sources
    Brazil's Superior Labor Court mandates hazard pay for motorcycle workers

    Brazil's Superior Labor Court ruled that the 30% hazard pay for motorcycle workers is self-applicable under federal law and does not require additional Ministry of Labor regulation.

Sources

dicionariodireito.com.br · joelmirbeting.com.br