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:: Additional for unhealthy or dangerous work ::

 

Responsible sector: Server Health Care Coordination


General information

The unhealthy or dangerous premium is due to the servers who usually work in unhealthy or dangerous places. The additional for unhealthy work corresponds to values ​​according to the degrees of minimum (5%), average (10%) or maximum (20%) of the basic salary, established in an expert report, regardless of the effective position of the employee (art. 12 of Law No. 8.270 / 91). The risk premium corresponds to 10% (ten percent) of the basic salary, regardless of the effective position of the civil servant (Article 12 of Law No. 8.270 / 91).

Unhealthy work, hazardous work and X-ray bonuses cannot be accumulated (art. 68, § 1 of Law No. 8.112, dated 11.12.1990). The right to the perception of an unhealthy or dangerous premium is terminated with the elimination of the conditions or risks that gave rise to its concession, confirmed by an expert report (art. 68, § 2 of Law 8.112, dated 11.12.1990).

The execution of the payment will only be processed in view of the location ordinance or exercise of the server and ordinance granting the additional, as well as an expert report, and it is up to the paying authority to check the accuracy of these documents before authorizing the payment (art. of Decree nº 6, of January 97.458, 15.01.1989).

The pregnant or lactating servant will be removed from operations or places considered unhealthy or dangerous by the immediate manager, while the pregnancy and lactation lasts, starting to exercise their activities in a healthy and non-dangerous place (art. 69, sole paragraph of Law nº 8.112, of December 11.12.1990, XNUMX).

The unhealthy and dangerous premium cannot be added to retirement earnings due to lack of legal protection (Normative Guideline No. 111, of May 27.05.1991, XNUMX).

During periods in which he is on leave for the performance of a class mandate, an award for attendance, away from abroad, on leave for the completion of a postgraduate course, to serve another body or entity, a leave for political activity or exercise of elective mandate, the server will not be entitled to the unhealthy or dangerous premium (art. 68, § 2 of Law No. 8.112, dated 11.12.1990).

The employee who is exposed to harmful agents to health only on a sporadic or occasional basis will not be entitled to the unhealthy premium (s) (art. 3 of Decree nº 97.458, 15.01.1989).

Procedures
The server must request the Additional through the Additional Request form, which must be completely filled out, indicating; the stocking sector, the description of the activities carried out in each environment and the duration period, in weekly hours. Open process in SUAP (Academic System) and forward the application, with signatures, to the CSS-PRD. After analyzing the information, the safety engineer will inform the need for a local assessment to issue the relevant technical report, which will include whether there is a legal basis for granting the additional requested.

Legal substantiation

  • Law 6.514 of December 22, 1977 amending Chapter V of Title II of the CLT.
  • MTE Ordinance No. 3.214 of June 08, 1978, which regulates Law 6.514.
  • Decree-Law no. 1.873, of May 25, 1981.
  • Decree 97.458 of January 15, 1989.
  • Law 8.112 of December 11, 1990 that in its articles 61, 68, 69, 70, 71, 72 and 186 §2.
  • Law 8.270 of December 17, 1991, art. 12th.
  • Decree 877 of July 20, 1993.
  • Decree 1.254 of September 29, 1994.
  • Decree 6.833 of April 29, 2009.
  • Law 12.702 of August 7, 2012.
  • Law 12.740 of December 08, 2012 that alters art. 193 of the CLT.
  • Normative Ordinance No. 03, of March 25, 2013.
  • Normative Guidance SEGEP / MPOG nº 4 of February 14, 2017.

 

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