LEGAL ANALYSIS ON THE PAYMENT OF ADDITIONAL INSALUBRITY FOR WORK IN EXCESSIVE HEAT

Abstract

In order to achieve the practical effectiveness of the fundamental right to a safe, healthy and salubrious work environment, the worker's quality of life must be ensured, thus demonstrating the importance of eliminating or, at least, mitigating the factors of risk, which can compromise their physical, mental and social well-being. It is known that CLT determines an additional salary to the employee in the face of working conditions characterized as unhealthy. Thus, the objective of this article was to discuss the granting of unhealthy work additional to the worker for work activity in excessive heat. The study is a literature review of a qualitative nature, followed the bias of the exploratory study and adopted the deductive method of approach. It was observed that article 189 of the CLT prescribes that insalubrity must be characterized only when the tolerance limit, provided for in NR 15 of the MTE, is exceeded, which has been observed by national jurisprudence to justify and motivate decisions in favor or to the detriment of the worker with regard to the perception of unhealthy work premium for excessive exposure to heat, upon the appraisal of a technical expert report presented by a duly qualified occupational safety engineer or occupational physician, specifying whether the referred limit was exceeded or not and exposure level, if any. Furthermore, it was possible to recognize that the legal basis that supports the granting of unhealthy work additional to workers for excessive exposure to excessive heat consists, in particular, in the non-observance of the tolerance limit legally established in the aforementioned regulatory norm.