The possibility of cumulation of additional unhealthy and hazardous work

Abstract

Introduction: It is true that some professional activities are considered dangerous and performed in unhealthy conditions, which would give the worker the right to receive both additional payments. However, as observed in research, the social function of work does not always have the effectiveness it deserves.

Objective: The objective of the research focuses on identifying whether it is legal and constitutional to accumulate the two additional payments, despite the express prohibition.

Methodology: The methodology used is deductive, considering that the research is based on several premises to reach a conclusion, also using a bibliographic review and case law analysis.

Results: It was found during the development of the work that art. 193, §2º of the CLT prohibits the accumulation of additional payments for unhealthy conditions and dangerous conditions. Likewise, it was seen that the TST had been admitting, in its judgments, the possibility of accumulating the aforementioned additional payments, with the case law converging towards the non-acceptance of art. 193, §2º of the CLT.

Conclusion: It was concluded, however, that the TST established the understanding that art. 193, §2º of the CLT was adopted by the Constitution, so that the prohibition of cumulative receipt of the two legal additional payments would be in accordance with the principles that govern Brazilian labor relations. Such prohibition, we understand, violates the social function of work.

KEYWORDS: accumulation; dangerousness; unhealthiness.