TST panels disagree on criteria for validating unhealthiness allowance

TST panels disagree on criteria for validating unhealthiness allowance

Discussions about the unhealthiness allowance continue intensely at the Superior Labor Court, especially regarding the influence of the use of Personal Protective Equipment (PPE) in characterizing the right to the benefit.

For Daniel Domingues Chiode, partner at Chiode Minicucci l Littler, the recent TST decision was correct in avoiding an excessively broad application of the understanding established by the Federal Supreme Court.

"This decision correctly ruled out the broad application of the Supreme Court's ruling. The problem is that the Brazilian precedent system is not yet mature, which allows the same precedent to be used in diametrically opposed ways."

Daniel's warning draws attention to a critical point in the Brazilian legal landscape: the uncertainty generated by divergent interpretations of the same precedent, impacting companies and workers.

At Chiode Minicucci | Littler, we remain attentive to the developments in the Superior Courts to provide our clients with sound and strategic guidance on complex Labor Law issues.