The hazard premium is a right of the employee who performs activities that offer some type of risk to his health.
In this article we will talk about the hazard premium and the employee's rights under the law. Find out how to calculate this increase to the salary amount and find out which professions fit to receive this right.
What is additional dangerousness
Offering the best working environment, free from any kind of danger or anything that puts the employee's well-being in danger, is an employee's right.
However, some jobs offer some risks and the employee is entitled to the hazard premium. The word dangerous is related to something dangerous.
It is a condition or characteristic that is always linked to health and safety at work and that is always explained when an activity threatens the health and life of the professional. For this reason, the CLT law, at the article 193 explains all the employee's rights.
Through this law, it is clear what is considered dangerous in the work environment and what are the rights of the worker when they are exposed to dangers. The hazard premium has a value of 30% in addition to the employee's salary amount.
Below we will talk about the employee's rights in relation to the hazardous premium and which professions fit within these dangerous activities. Stay tuned to these tips and avoid possible labor lawsuits in the company.
How hazardousness is defined
Who determines whether the employee's activity fits the hazard premium is the expertise of the physician or engineer at work. These professionals need to be duly registered in the Ministry of Labour (MTE) to define this.
How to calculate the value of the hazard premium
The hazard premium is calculated with a value of 30% added to the employee's base salary. It does not add to this value:
- Profit sharing;
Thus, if an employee has a base salary of R $ 2000.00, he will receive an additional 30% on top of that amount in additional hazardous premiums, that is, R $ 600.00. Therefore, your monthly salary will be R $ 2600.00.
What the law says
O article 193 it is what describes the employee's rights in relation to the hazard premium. Check out the details below!
Art. 193. Hazardous activities or operations are considered, in the form of the regulation approved by the Ministry of Labor and Employment, those that, due to their nature or methods of work, entail an accentuated risk due to the permanent exposure of the worker to: (Wording given by Law nº 12.740, 2012)
I – flammable, explosive or electrical energy; (Included by Law No. 12,740, of 2012);
II – theft or other types of physical violence in professional personal or property security activities. (Included by Law No. 12,740, of 2012).
- 1º – Working in hazardous conditions guarantees the employee an additional 30% (thirty percent) over the salary without the additions resulting from bonuses, prizes or profit sharing of the company. (Included by Law No. 6,514, dated 12.22.1977);
- 2nd – The employee may opt for the unhealthy work additional that may be due to him. (Included by Law No. 6,514, dated 12.22.1977);
- 3º Others of the same nature that have already been granted to the security guard by collective agreement will be discounted or compensated from the surcharge. (Included by Law No. 12,740, of 2012);
- 4o Motorcycle worker activities are also considered dangerous. (Included by Law No. 12,997, of 2014).
Additional for Hazardous and Additional for Unhealthy
Many employees confuse the hazardous premium with the hazard pay, but they are different things.
The unhealthy premium is present in the article 192 of the CLT law and is paid when an employee works in an activity that is harmful to their health. According to the law, there are tolerance limits for the work to be considered unhealthy.
In addition, it is not possible to accumulate these two benefits. The CLT law prohibits this accumulation and gives the employee the right to choose the one that is most beneficial to their reality.
Art. 193. 2nd – The employee may opt for the unhealthy work additional that may be due to him.
The dangerous premium in the remuneration
The hazard premium, if received frequently, begins to form part of the professional remuneration.
Thus, it becomes fixed and enters the calculations of the indemnified notice, the granting of the nightly premium and the vacation premium.
Professions that are entitled to the hazard premium
According to CLT law, there are some activities that give the employee the right to receive the hazardous allowance. We have selected some of them below. Check out!
Professionals who worked with flammable products, whether in handling, storage or production, are entitled to the hazardous premium.
For example, gas station attendants who are responsible for unloading fuel and so on.
Professionals who work with storage, detonation and transport of explosives are part of the professionals who receive the extra for dangerousness. Even professionals in the risk area receive this increase.
Employees who work with maintenance, installations and repairs that are at risk of electrical discharges are entitled to receive the hazardous premium.
Personal or Property Security Services
Professionals who are exposed to theft or any issue that threatens their physical integrity are entitled to the benefit. In this case, the collaborators who work with armed escort, transportation of values, etc. fit in.
As the article 193 of the CLT law, professionals exposed to radioactive substances, have the right to a hazard premium, such as x-ray technicians, for example.
A few years ago, motorcyclists were also included in the CLT law and they must receive the hazard premium. In this case, we can consider motoboys and couriers, such as pizza, for example.
The importance of the hazard premium
Knowing the law on the part of the HR is fundamental to understand the particularities of the hazard premium.
Knowing which workers' rights in relation to the topic can minimize the chances of penalties on the part of the company and avoid possible labor lawsuits.
If an employee is exposed to dangerous work, and does not receive this additional to his work, he can seek his rights under the law.
In this way, he can sue the Ministry of Labor, the union of the category or even the Public Ministry of Labor.
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