Unemployed dock worker — right to additional risk | TATICCA - AUDIT / TAX / CORPORATE FINANCE / ADVISORY

The Federal Supreme Court decided on 03/06/2020 to recognize the right of independent dock workers (those who do not have a permanent employment relationship) to additional risks, as decided in Extraordinary Appeal No. 597124/PR, with the rapporteur of Minister Edson Fachin — General Repercussion — Theme 222. Most STF ministers understood that the benefit that was initially provided for official port employees must also apply to other port workers, who perform the same function.

With this decision, port workers who do not have a regular employment relationship will be entitled to such addition/benefit in their earnings. These workers, also considered temporary workers, provide services for a short period of time to various borrowers, however, they do not have any type of bond formalized by a permanent employment contract and therefore did not have access to the same benefits that port workers with a permanent employment contract enjoyed. The additional 40% of the hourly wage is provided for in article 14 of Law 4,860/1965, a regulation that deals with the employment regime in ports.

This jurisprudential understanding has the power to ratify labor equality according to the activities related to the function performed, that is, it does not matter the type of work formality (permanent or separate), but rather the activity carried out, which is summarized in the same functions. Therefore, the so-called additional risk benefit paid to the dock worker with a permanent contract is also due to the individual dock worker.

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Unemployed dock worker — right to additional risk

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