A (im)possibilidade de cumulação dos adicionais de insalubridade e periculosidade.

Abstract

This paper aims to analyze the possibility of simultaneous perception of health hazard and hazardous duty bonuses when both agents are present in the work environment. To do so, it begins by exploring the historical evolution of workers' rights, emphasizing the discussions and guarantees related to health and safety at work internationally and in the Brazilian legal system. Next, the additional health and risk premiums are conceptualized and differentiated, highlighting their main characteristics and distinctions. Subsequently, through jurisprudence and doctrine analysis, arguments contrary to the accumulation of the additionals are presented, although the growing favorable position towards the cumulative perception of the additionals is emphasized, based on constitutional foundations, on international conventions ratified by Brazil, especially Conventions n. 148 and 155 of the International Labor Organization and on the fundamental principles and rights of workers. Thus, it is possible to admit the simultaneous perception of health hazard and hazardous duty bonuses when exposure to both agents is characterized, providing adequate protection to the worker and guaranteeing dignity in the work environment.