Have you ever heard of additional pain? This is a type of remuneration that may not be well known, either by workers or by the sector itself. Human Resources, but that also integrates the labor rules.
Often, this add-on can be confused with others of similar names, such as unhealthy or dangerous ones. Therefore, it is necessary to know correctly the concept of this specificity, just as it can be used effectively in a company.
In this article, you can see what the additional pain is and how it works, in addition to understanding their applications according to the rules of the legislation.
What is additional pain?
The additional pain is an extra amount to be paid to professionals who carry out any activity considered painful.
In other words, the additional pain, by regulation, it is a kind of indemnity that the company pays to workers who carry out activities that, although they do not cause actual damage to the workers’ health, require a greater degree of attention and physical or mental sacrifice.
In general, all activities whose effort is tiring or with many difficulties in carrying them out are considered painful activities. Among the examples, we can mention the additional call of pain for work at height, which includes external activities carried out at a height above three meters.
Other activities that can be considered as painful are:
- Industrial services;
- Adjustments in high precision devices;
- Restoration of paintings, sculptures or historic buildings;
- Microscopic handicrafts, such as special embroidery.
What is the regulation of the additional pain?
The additional pain is a rule provided for by the Federal Constitution, which is the official basis for labor laws. According to article 7, item XXIII, of the Constitution:
“Art. 7 The rights of urban and rural workers, in addition to others aimed at improving their social condition, are:
(…) XXIII – additional remuneration for painful, unhealthy or dangerous activities, in accordance with the law; (…). ”
In relation to the CLT (Consolidation of Labor Laws), the specificity is mentioned once among the Collective Labor Conventions (CCT):
“Art. 611-B. The unlawful object of a collective agreement or collective bargaining agreement is exclusively the suppression or reduction of the following rights:
XVIII – additional remuneration for painful, unhealthy or dangerous activities; ”
Unlike the hazardous and hazardous additives unhealthy, CLT ends up not going into more detail about the additional pain. And it is because of this lack of clearer definitions that many HRs end up confused about the issue.
In practice, this lack of definition of the CLT causes a legislative loophole, in which some employers can challenge the additional pain in relation to the regulation of the rule.
In fact, as there is no specific regulation, the payment of the additional pain is at the discretion of the contract established between employer and employee. That is, payment is not necessarily an obligation for the employer if it is not included in a collective professional agreement or convention
Even so, it is important to note that currently there are bills for the regulation of the additional pain burden in the CLT. Among them, the bill no. 1015/1988 it also includes rules on the framework and percentage to be paid by companies.
What differs the additional pain from similar ones?
It is common for many people, including Human Resources professionals, to consider the additional pain, unhealthy and dangerous as “one thing”. However, as we mentioned above, this is not true.
Below, you can check the main differences between them.
While the additional pain is applied to activities considered painful, the additional for unhealthy work conditions that can cause damage to the health of employees, either mentally or physically.
According to the CLT:
“Art. . 189 – Unhealthy activities or operations will be considered as those that, by their nature, conditions or working methods, expose employees to agents harmful to health, above the tolerance limits established due to the nature and intensity of the agent and the exposure time its effects.
Art. 190 – The Ministry of Labor will approve the framework of unhealthy activities and operations and adopt rules on the criteria for characterizing unhealthy conditions, the limits of tolerance to aggressive agents, means of protection and the maximum time of exposure of the employee to these agents.
Article 192 – The exercise of work in unhealthy conditions, above the tolerance limits established by the Ministry of Labor, ensures the perception of additional 40% (forty percent), 20% (twenty percent) and 10% (ten) respectively percent) of the region’s minimum wage, according to whether they are classified in the maximum, medium and minimum grades. ”
To exemplify some activities that fall into the field of unhealthy work, we highlight those that expose the worker:
- heat or cold;
- continuous or intermittent noise;
- chemical agents;
- mineral dust;
- biological agents.
Additional health hazard
Unlike the previous two, the hazard premium has to do with activities that explain imminent danger. That is, while unhealthy functions tend to cause long-term consequences for the worker, dangerous activities can cause accidents at any time.
Also according to the CLT:
“Art. 193. Hazardous activities or operations are considered, in the form of regulations approved by the Ministry of Labor and Employment, those that, due to their nature or working methods, entail a marked risk due to the permanent exposure of the worker to:
I – flammable, explosive or electrical energy;
II – theft or other types of physical violence in professional personal or property security activities.
- 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.
- 2nd – The employee may opt for the unhealthy work additional that may be due to him.
- 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.
- 4o Motorcycle worker activities are also considered dangerous. ”
It is worth remembering that according to Regulatory Norm 16 (NR-16), the hazard premium is calculated as 30% of the professional’s salary.
How to calculate the percentage of additional pain?
As the pain bonus is not exactly regulated by the CLT, it also does not have a defined salary percentage for the payment. In this case, the jurisprudence applies to the additional pain, which considers the value of 30% over the professional’s salary.
It is also important to emphasize that this calculation based on 30% of the salary is also what the aforementioned bill No. 1015/1988 proposes. Therefore, if the legislation is established, it will be based on this percentage.
In a practical example, the hypothetical calculation of the additional pain can be done as follows: if the professional’s salary is R $ 2,000.00, the additional amount to be received is R $ 600.00. That is, in this case the employee would receive a total of R $ 2,600.00.
It is also valid to clarify that the payment of an additional does not exclude that of others. That is, an activity can be, at the same time, considered painful and unhealthy, for example. Therefore, the professional in this activity would receive the amount corresponding to these two additional ones.
Increased attention from HR
As can be seen, it is essential that HR is attentive to the details and specifications of all activities carried out by the company’s professionals. Especially if the company hosts different activities.
Even though the CLT legislation does not require the payment of the additional penalty, it is worthwhile for the employer to keep this issue regularized. In addition to being just a matter of time for this regularization, the company shows that it is concerned with following the labor laws proposed by the Federal Constitution.
Another point that makes the payment of the additional pain penalty valid for the employer is the demonstration of care and appreciation of its employees. Such practices always end up adding to the company, either with the decrease in the turnover of professionals or even with the increase in the productivity of the team.
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