NIGHT SHIFT BONUS: FROM THE MEAGER CRUMB TO THE INDIGNITY OF THE HUMAN PERSON

Abstract

This study aims to critically examine the inadequacy of the 20% night shift bonus established in Brazilian labor legislation, particularly regarding its effectiveness in protecting the health and dignity of low-income workers. It begins with the recognition that night work imposes significant physical and psychological burdens on workers, which are further exacerbated among the most vulnerable segments of the population, who lack the financial means to mitigate such harms. By adopting a fixed compensation rate, the current legal framework fails to consider existing socioeconomic inequalities, potentially violating the constitutional principles of human dignity and social justice. The analysis is conducted in light of the 1988 Federal Constitution of Brazil, with emphasis on Articles 1, item III, and 3, items I, II, and III. The temporal scope is limited to the period following the 2017 labor reform, with particular attention to critical sectors such as healthcare and legal certainty. This approach seeks to demonstrate the need for legislative revision to ensure greater equity in compensating for the negative effects of night work, especially for economically disadvantaged workers.