Article 14 of Law 4.860/1965 provides for risk premium pay of 40% of the daytime hourly rate to remunerate workers for risks related to unhealthy work, dangerous work and other employment-related risks. The same law sets forth that no other premium pay will be due to port workers.
A Santa Catarina port worker who worked as a foreman filed suit at a labour court to claim the unpaid premium pay set forth in Law 4.860/1965. The first instance court rendered a decision in favour of payment, holding that the rule applies "to all workers or employees of the administration of organized ports subject to any exploration regime".
The company appealed to the 12th Region (SC) Labour Court, which confirmed the first instance decision. Dissatisfied with this decision, the company appealed to the Superior Labour Court.
The Seventh Panel of the Superior Labour Court ruled on appeal that the appellant company was correct. According to the reporting judge, this matter was settled in 2011 with the issuance of Case Law Guideline 402 from the first sub-division specialised in individual employment disputes.
This guideline stipulates that: "The risk premium pay set forth in article 14 of Law No. 4.860, of 26.11.1965 applies only to port workers working in organized ports, and cannot be granted to those working in private terminals."
As the claimant did not meet the criteria set forth in the guideline, the company's appeal was granted and the port worker's claim held to be invalid.
For further information on this topic please contact Godofredo Mendes Vianna at Kincaid | Mendes Vianna Advogados by telephone (+55 21 2276 6200), fax (+55 21 2253 4259) or email ([email protected]). The Kincaid website can be accessed at www.kincaid.com.br.
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