You may have heard of the famous unhealthiness bonus, but are you entitled to it?
In this article, we will discuss the concept of the unhealthiness bonus, how to calculate the amount to be received and who is entitled to this benefit. Keep reading and you will understand your rights and duties regarding unhealthiness in the workplace. Stay tuned!
What is the unhealthiness supplement?
The unhealthiness bonus is a labor right that aims to compensate workers exposed to unhealthy conditions during their work activities.
This financial benefit, like special retirement, aims to recognize and compensate for the health risks faced by these professionals.
Unhealthiness can be characterized by several factors, such as exposure to chemical, physical or biological agents, such as toxic chemicals, excessive noise, radiation, dust, humidity, intense heat or cold, among others.
In short, agents that can generate harmful effects on health, which can cause occupational diseases, injuries or aggravate existing conditions.
It is important to emphasize that the granting of the unhealthiness allowance must be based on technical reports and follow current rules and regulations.
If there is disagreement between the worker and the employer regarding unhealthiness, it is possible to seek specialized legal advice or contact the competent bodies to resolve the disagreement.
Unhealthiness supplement: how to calculate?
To calculate the unhealthiness allowance, it is necessary to follow some steps.
It is important to highlight that the calculation may vary according to current legislation, collective labor agreements and the specific rules of each company.
Step 1: Check the activity rating
Check whether the activity is considered unhealthy according to labor legislation and specific regulatory standards, such as NR 15.
It is necessary to have technical reports or opinions from specialized professionals to prove the unhealthiness of the activity.
Step 2: Identify the degree of unhealthiness
Unhealthiness can be classified into the following degrees: minimum, medium and maximum, depending on the risks involved in the activity.
The grade is determined by technical reports and applicable standards.
Step 3: Determine the minimum wage value
Check the current minimum wage, as the unhealthiness bonus is always calculated based on it.
Step 4: Apply the corresponding percentage
Based on the unhealthiness classification, apply the percentage corresponding to the degree of exposure.
Generally, the percentages vary between 10%, 20% and 40% on the minimum wage.
Done! Now you know the amount due for your function.
It is worth noting that there may be other specific rules defined by collective bargaining agreements or agreements signed between employers and employees.
Therefore, check with your union, colleagues or the company itself to see if there are any additional rules that apply to the company or sector in question.
Who is entitled to the unhealthiness bonus?
In short, workers who work in unhealthy activities, as defined in labor legislation and specific regulatory standards, such as NR 15, are entitled to the unhealthiness bonus.
The classification of unhealthiness is d
determined through technical reports and specialized opinions, which assess the risks present in the work environment.
An example of an activity involving dangerousness, regulated by Regulatory Standard
NR 20, is the work with flammable and combustible liquids.
This standard establishes safety measures to guarantee the protection of workers who come into contact with these materials, which are considered dangerous due to the risk of fire, explosion or other serious accidents.
Professionals working in petrochemical industries, refineries, gas stations, transportation of flammable products, among others, are subject to dangerous conditions resulting from the handling, storage or transportation of these liquids.
Risks associated with these activities include the possibility of leaks, explosions, fires and exposure to toxic fumes.
In these cases, in addition to the unhealthiness bonus, the hazardousness bonus may be due, which is another benefit provided for by labor legislation.
This additional payment aims to compensate workers exposed to dangerous activities or operations, which involve an imminent risk of death or serious injury. Dangerousness, in turn, corresponds to 30% of the base salary.
The granting of this additional amount is related to direct and habitual exposure to hazardous agents, as defined in NR 16, which deals with dangerous activities and operations.
Therefore, activities involving the handling, storage or transportation of flammable and combustible liquids are subject to the regulation of NR 20 and may require the granting of both the unhealthiness allowance and the hazardousness allowance, depending on the specific characteristics of the activity and the associated risks.
Can I have an additional payment for unhealthiness and dangerousness at the same time? What is the difference between the two?
No, it is not possible to simultaneously receive the unhealthiness bonus and the dangerousness bonus for the same work.
According to labor legislation, the worker is entitled to receive only one of the two additional payments, with the most advantageous one prevailing.
Regarding the differences, the unhealthiness bonus is given when the worker is exposed to unhealthy conditions, that is, to agents that are harmful to health.
The hazard pay is for workers who perform activities or operate in conditions that involve imminent risk to life or physical integrity.
Both additional payments are calculated based on the worker's base salary, but have different criteria for granting and calculating them.
While the unhealthiness allowance varies in percentages of 10%, 20% or 40% of the minimum wage or base salary, depending on the degree of unhealthiness, the dangerousness allowance corresponds to 30% of the base salary, without the inclusion of other benefits or bonuses.
Therefore, if a worker is exposed to both unhealthy and dangerous conditions, he or she will be entitled to receive only one of these additional payments, with the most advantageous one prevailing.
Is there a maximum amount for the unhealthiness bonus?
There is no maximum amount established by law for the unhealthiness bonus. The calculation of this benefit is based on percentages that vary according to the degree of unhealthiness of the activity performed. Generally, these percentages are 10%, 20% or 40% of the minimum wage.
However, it is important to note that collective bargaining agreements or agreements between employers and employees may establish values that differ from the percentages mentioned. Therefore, it is necessary to check whether there are specific rules applicable to the company or category to which you belong.
Are you entitled to the unhealthiness bonus?
In conclusion, the unhealthiness bonus is a right guaranteed to workers who work in unhealthy conditions, subject to agents that are harmful to health. It is calculated based on percentages that vary according to the degree of unhealthiness of the activity performed, providing compensation for the risks and harm to health faced in the work environment.
Having access to updated information on the calculation and criteria for granting this benefit is a very important step towards guaranteeing labor rights and the safety and well-being of workers.
Remember that, generally, each case is different, so do not rule out consulting specialized professionals and always check the requirements and compliance with standards and regulations to ensure the correct application of the unhealthiness bonus, respecting the particularities of the work you perform.
