What is Unhealthy Additional?
O hazard pay is a financial compensation given to workers who are exposed to some type of harmful agent during the exercise of their duties. That right of worker is provided for in Regulation 15 (NR-15) of the Ministry of Labor and Employment.
Although the NR-15 defines 3 degrees of unhealthiness (minimum, average and maximum), the tolerated limits of these harmful agents are a problem, since the characterization of these activities are not exactly clear in NR15. Because of this, most of the time the worker's right is dependent on a positive judicial decision.
Who is entitled to the Unhealthy Additional
Basically, all workers who are exposed to harmful agents above the tolerance limits provided in NR-15. The additional unhealthiness is one more of the types of labor calculation and to get the right (if it is not already guaranteed) it is necessary to request a technical expertise from HR or the union of the category. See all items can be considered as unhealthy and are addressed in the Standard:
- Continuous or Intermittent Noise
- Impact Noise
- Heat Exposure
- Ionizing Radiation
- Mineral dust
- Working under Hyperbaric Conditions
- Chemical Agents
- Biological Agents
- Non-Ionizing Radiation
Most of these items need proof by means of site inspection report.
It is very important to emphasize that if the conditions harmful to health are eliminated or reduced this can cause that the additional of insalubrity is suspended or has its reduced degree. Another point that is usually questioned is the incidence of more than one unhealthy factor. In these cases, only the highest grade is considered, being prohibited the accumulation of additional.
Unhealthy Tolerance Limit
As I have already mentioned above, this is one of the main problems related to how to define additional unhealthy. Even if the Regulatory Standard 15, which specifies the minimum or maximum concentration of a certain item related to the nature and time of exposure, the tolerance limits will be conditioned to the technical visit.
It is therefore important that the human resources manager and those responsible for areas with levels of unhealthiness always try to keep the conditions similar to day-to-day. In this way, the limits will be respected and the employee will have the remuneration due according to what is stated in law.
Unhealthy Addition Calculation Base
As if all the other problems related to the definition of additional health insurance were not enough, there is still no legal understanding as to what should be the basis of calculation for this account.
When the Human Resources e Personal department or calculate payroll, you need to see what was legally defined for your company, as there are cases where the additional health insurance is calculated on the:
- minimum wage
- base salary
- category floor
- total remuneration
This item is still under discussion and there is no definitive opinion on it. Even for this reason, if the worker feels wronged, he can make a judicial inquiry. In this case, the action has retroactive effect of five years and can only be filed up to two years after the employee's resignation in the company.
How to Calculate the Unhealthy Additional
1 Unhealthy Addition Calculation Example
Let's look at a first example of calculating unhealthiness for a worker at a company working on a very noisy job:
- Average grade (20%)
- Basis of calculation on top of the minimum wage (R $ 788)
- Worker was admitted to 01 / 03 / 2015 and worked until 30 / 06 / 2015
- Period: 4 months
Each month should have a salary increase of R $ 157,60, corresponding to 20% of R $ 788 (minimum wage), totaling R $ 630,40 in the period.
2 Unhealthy Addition Calculation Example
Now let's move on to a slightly heavier example where the employee works with X-Ray but without the proper protections:
- Maximum Degree (40%)
- Basis of calculation over employee's salary (R $ 2600)
- Worker was admitted to 01 / 01 / 2015 and worked until 31 / 07 / 2015
- Period: 7 months
In this case, this worker should have an increase in the salary of R $ 1040 for each month in which he is working. This value corresponds to 40% of R $ 2600 (employee base salary), totaling R $ 7.280 in the corresponding period.
It is worth remembering that in the cases cited, the additional unhealthy was paid for the entire month of work. For any situation where the employee has not worked the entire period, he should receive the proportional amount for that amount.
Assuming that in our second example the worker had only made 50% of his journey in the last month. So in this case he would only be entitled to receive R $ 520, 50% of the total amount of the additional in the month in question.
Difference between Unhealthy and Hazardous
Another question that may arise is between Unhealthy Additional Hazardous. In fact there is not much difficulty in making this differentiation. In the first item, the activity affects / impairs the health of the worker, while in the second, it offers danger or life threat to the worker.
For example, if a worker exercises his profession in a very noisy work, he may receive for insalubrity. Now if this work offers no risk to the health of this employee, but is extremely dangerous to his life by not containing protective helmets or fall protection tools, it will be considered a dangerous activity.
Another important item is to understand that the additional hazards of insalubrity and dangerousness are not cumulative. Usually the worker will receive the one that offers a better remuneration for the specific case.