A dignidade no trabalho e a cumulação dos adicionais de insalubridade e periculosidade.

Abstract

The present study aims to analyze the possibility of cumulation for receipt and integration into the salaries of unhealthy and dangerous hazard pay. The central problem addressed is the possibility of cumulating pecuniary receipt of unhealthy and dangerous hazard pay, considering the protective principle and standards for protecting workers' health. To examine this issue, theoretical and bibliographical research was used, analyzing data on accidents in unhealthy and dangerous work by profile on the Smartlab platform. The method used was hypothetical-deductive, starting from general aspects to specific ones in order to reach the answer to the hypothesis raised. Throughout the study, international worker health protection standards and constitutional and infra-constitutional standards were examined. The effects caused by unhealthy and dangerous conditions were also addressed, data from the Smartlab platform was collected and the predominant positioning of the TST, STF and the doctrine was explored. It was then concluded that there is the possibility of pecuniary cumulation of the additional unhealthy and hazardous conditions on salaries when considering the need to protect the rights of the worker, with the Constitution not accepting the express prohibition by the CLT and for the reason that cumulation does not constitute bis in idem since to be characterized as unhealthy or dangerous, there are different generating facts.