Employee of the casting industry and manufacturing railway equipment will receive additional insalubrity and dangerous in cumulated form.

The decision was reported in high school and maintained by the seventh class of the Superior Court of Labor. The class understood that Article 193, § 2, of CLT provides for the option for the additional most favorable to the worker and dismissed the resource of the undertaking, under the understanding that constitutional and supralegais, hierarchically higher than CLT, authorize the cumulation of additional .

According to the rapporteur of the appeal, the fulfillment of the additional does not imply a double payment, since unhealthy and dangerousness have diverse origins. The unhealthy concerns the health of the employee for the harmful conditions of the work environment, while dangerousness "translates imminent danger situation which, once occurred, can reap the worker's life, and this is the good to be protected."

understood the judges that Conventions 148 and 155 of the International Labor Organization exceeded the rule provided for in CLT and Regulatory Regulatory Standard of the Ministry of Labor and Employment with respect to the perception of only one additional when the worker is subject to unhealthy and dangerous conditions at work.

Method: RR-1072-72.2011.5.02.0384