Last Thursday (09.27.19), the Specialized Section of the Superior Labor Court decided, by majority, that it is impossible to collect cumulatively the payment of additional for hazardous conditions of work and dangerous conditions of work, even though arising from distinct and autonomous generating facts.
The vote of the Reviewing Justice (Alberto Bresciani) prevailed, followed by seven other Justices of the Specialized Section of the Superior Labor Court. According to the established legal thesis, article 193, § 2º, of the Labor Code was validated by the Federal Constitution, prohibiting, therefore, accumulation of both payments.
The Assigned Justice (Luiz Philippe Vieira de Mello) was unsuccessful and was accompanied by five other Justices of the Specialized Section of the Superior Labor Court. According to his vote, the provisions of the Labor Code would be surpassed by article 7º, XXII and XXIII, of the Federal Constitution, which deals with the reduction of risks inherent to work and additional compensation for painful, unhealthy or dangerous activities. Also according to the Assigned Justice, the prohibition against the accumulation of both payments is contrary to International Labor Organization Conventions 148 and 155, concerning the safety and health of workers.
The decision was rendered in the trial resulting from multiple appeals dealing with the same matter. Therefore, all lawsuits that were on hold regarding this matter will recommence the course for judgment with the application of the thesis signed by the Superior Labor Court, which is binding for all Courts.