The Federal Supreme Court decided on 03/06/2020, to recognize the right of the single port worker (one who does not have a permanent employment relationship) to the additional risk, as judged in Extraordinary Appeal No. 597124/PR, with report by Minister Edson Fachin – General Repercussion – Topic 222. Most of the STF ministers understood that the benefit that was initially provided for official employees of the ports, should also apply to other workers in the port activity, who perform the same function.
With this decision, port workers who do not have a regular employment relationship will be entitled to such an increase/benefit in their earnings. These workers, also considered casual workers, provide services for a short period of time to various borrowers, however, they do not have any type of formal relationship through a permanent employment contract and therefore did not have access to the same benefits as port workers. with a permanent employment contract enjoyed. The additional 40% over the hourly wage is provided for in article 14 of the Law 4.860 / 1965, a rule that deals with the working regime in ports.
This jurisprudential understanding has the power to ratify labor isonomy according to the activities related to the function performed, that is, it does not matter the type of work formality (permanent or loose), but the activity developed that is summarized in the same functions. Therefore, the benefit called additional risk paid to the port worker with a permanent contract is also due to the single port worker.
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