Cesar Peres Dulac Müller logo


Date: April 23, 2019
Posted by: CPDMA Team

Accompanying tractor supply does not entitle to hazard pay

A tractor operator who remains in the vehicle during fueling is not entitled to the hazard pay, as it is not a dangerous activity. This is how the 2nd Panel of the Superior Labor Court decided by excluding the obligation of an energy company to pay this installment.

The employee said that he worked in rural São Paulo, where he performed activities such as subsoiling, harrowing, furrowing, straw windrowing, contour marking, loading the cane for planting and milling.

Based on the expert's report, the Regional Labor Court of the 15th Region (Campinas-SP) upheld the sentence that sentenced the defendant company to pay the risk premium due to the employee's stay in the vehicle during fueling, considering that he was exposed to a risk situation.

In the review appeal, the company argued that employee exposure to heightened risk was incidental, not intermittent. The thesis was accepted by the rapporteur who analyzed the request, Minister Maria Helena Mallmann. She pointed out that the court understands that only monitoring the supply of the vehicle does not generate the right to the additional risk.

The minister, followed unanimously by the members of the collegiate, explained that Table 3 of Annex 2 of Regulatory Norm 16 of the extinct Ministry of Labour, when establishing the dangerous activities carried out in the operation at pump stations for supplying flammable liquids, did not contemplate the employee who accompanies the refueling of the vehicle by a third party, as in this case.

Source: Conjur.


Recent posts

Corporate name: get to know this asset class

Continuing with our series of posts explaining the differences between the classes of intellectual assets, today we'll look at the BUSINESS NAME. Although trademarks - the nature of which has already been described in the previous post - can sometimes be confused with business names, they are distinct legal institutes. The business name identifies the company by [...]

Read more
PERSE: legislative changes in the emergency program to revive the events sector

Law No. 14,859/2024: amendment of the Perse rules for the period 2024 to 2026. The Emergency Program for the Resumption of the Events Sector - Perse was created in 2021 with a view to helping companies linked to the events sector - the activity most affected by the COVID-19 pandemic, by reducing [...]

Read more
The extent of insurance cover in floods

The rains that have hit Rio Grande do Sul in recent weeks have destroyed farms, properties and vehicles. Even if they have insurance, car or property owners should check the coverage of their policies to see if they can get compensation. Basic insurance for cars and properties does not usually cover floods. Insurance against electrical breakdown, [...]

Read more
The agreement to sell the most famous slimming drug of the moment

It was recently reported that the Brazilian company BIOMM has signed an agreement with the pharmaceutical industry BIOCON to distribute in Brazil a drug similar to Ozempic, indicated for the treatment of diabetes, but used mainly to treat obesity. However, this will only be possible because the patent holder of the drug has certainly authorized, through a [...]

Read more
Get to know the “brand” asset class

Continuing with our series of posts explaining the differences between the classes of intellectual assets, today we're going to talk about the TRADEMARK. A trademark is a sign used to distinguish and identify a product or service. It is registered with the National Institute of Industrial Property (INPI), guaranteeing the owner exclusive use in [...]

Read more
Intellectual property gives the author, inventor or holder of knowledge the power to protect their rights.

Intellectual property gives the author, inventor and/or owner of the protected knowledge the power to protect their rights, and can, for example, prohibit third parties from producing, using, selling or importing their invention, as well as preventing the reproduction or imitation of their trademark, in addition to guaranteeing exclusivity to the owner of the creation [1] (ARAÚJO; BARBOSA; QUEIROGA; ALVES, 2010). [...]

Read more
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram