CUMULATION OF UNHEALTHY WORK AND HAZARDOUS WORK BONUSES

THE UNRESTRICTED POSSIBILITY

Abstract

The aim of this research is to present arguments to defend the possibility of cumulative payment of unhealthy work and hazardous work bonuses. Although the Superior Labor Court is unanimous in its understanding that the working environment is a fundamental human right to be guaranteed to all workers and when not possible in its entirety, the payment of additional to workers exposed to harmful agents should be guaranteed, in 2019, in a Repetitive Review Appeal, it ruled that article 193, paragraph 2, of the CLT was constitutional, which prohibits the cumulation of unhealthy work and hazardous work bonuses, even if they arise from separate and autonomous triggering events, an understanding that, with all due respect, is subject to discussion and needs to be reformulated. In order to achieve the main objective of the study, theoretical data obtained through bibliographical and documentary research will be presented, using qualitative methodology and the hypothetical-deductive method, reaching the conclusion that there is no obstacle to the cumulation of these additional payments, even if they are not the result of different and autonomous triggering events.