ADICIONAL DE INSALUBRIDADE: O TRABALHO EXPOSTO A CÉU ABERTO SOB FONTE NATURAL DE CALOR E A INVALIDADE DA PORTARIA Nº 1.359/2019

Abstract

This article aims to analyze the validity of Ordinance No. 1.359/2019, more specifically regarding the granting of additional hazard pay for open-air activities under natural heat sources. The hazard pay bonus is a benefit intended to compensate those who carry out their activities in work environments that present health risks. However, in 2019, the publication of Ordinance No. 1.359 raised debates and questions related to its constitutionality and legality with regard to its application to workers exposed to the open sky without an artificial source of heat, in light of the norms and principles of Labor Law. The research will use a hypothetical-deductive approach and procedure, in addition to the bibliographic research technique. In conclusion, the debate surrounding the possible invalidity of the aforementioned Ordinance highlights the importance of clarifying and evaluating its implications in the context of labor rights, as well as safeguarding workers who perform their duties exposed to the open sky, with a natural source of heat. Given the infralegal nature of Ordinance No. 1.359/2019, it is clear that this legal figure cannot exceed the legal limits that give it validity, revealing itself to be unconstitutional and illegal, and, therefore, devoid of validity.