The fourth class of the Superior Court of Labor acquitted a metallurgical industry from the condemnation to the payment of additional insaluing deferred to a telephone by the regional work of the 4th Region. In the understanding of the class, there is no legal forecast for the deferment of additional insaluing the telephone operator.

In the complaint, the maid told her she always worked for the company as a telephone operator, although she was registered as an office assistant, and that was dismissed without just cause. She worked using headset of the "headset" type in "a pabx apparatus with approximately 15 lines", receiving and transferring calls.

According to the rapporteur, the employer exercised typical operator activity, which is not included in the role of the unhealthy activities in Annex 13 of the Regulatory Standard # 15 of the Ministry of Labor and Employment (MTE), which classifies as unhealthy only of telegraphy and radiotelegraphy, manipulation of morse type and reception signs on headphones.

The rapporteur pointed out that the classification of activity as unhealthy is a formal and essential requirement for the perception of the additional unhealthy, although there is a diverse perricial report.