The necessary regularization of hazard pay for motorcycle workers in Brazil
Authors
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Helimara Moreira Lamounier Heringer
Universidade do Estado de Minas Gerais – UEMG, Brasil
https://orcid.org/0000-0002-3593-5223
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Flavio Eduardo Heringer
Advogado, Brasil
https://orcid.org/0009-0000-9072-7171
Abstract
The purpose of this work is to address the aspects of the «Hazard Pay Act», Law 12, 997/2014, which extended the payment of said benefit to motorcycle workers as well. It examines the developments of its regulation through Ordinance No. 1,565/2014, by the Ministry of Labor and Employment, suspended by a first-instance judicial decision in the 20th Federal Court of the Federal District. Although the establishment of this benefit represents an important achievement for the professional category, due to legal controversies regarding its regulation, the realization of this right has become a matter of inequality among motorcycle workers, with it being only another legalized but not enforced right for the majority of them. It concludes, highlighting the importance of an urgent solution to the legal demands around the regulation of the aforementioned Act for the realization of the right to the additional risk of workers on motorcycles. The hypothetical-deductive method was used, and the research was based on books, scientific articles, legislation, and case law.
