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Retirement with up to 15 years of contributions: find out which workers are entitled to retirement due to hazardous work and how the benefit works.
If the worker performs activities that involve risk to his life or physical integrity, it is essential to know that he has the right to differentiated counting of contribution time for retirement purposes. This right can be granted in special modality or by contribution period, as provided for in Law No. 8.213 / 1991, which regulates Social Security benefits. Below, we detail which workers are entitled to retirement due to hazardous work, how to prove exposure to risks inherent to the activity and what the requirements are for granting the benefit with differentiated counting.
Find out what retirement due to dangerousness is
Retirement with recognition of dangerousness is a benefit granted to workers who carry out activities in conditions that pose a danger to their physical integrity or life.
This retirement has special conditions for its granting, with the reduction of the contribution time requirement, precisely with the objective of preventing the worker from suffering from the harm caused by prolonged exposure to dangerous working conditions.
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Workers entitled to retirement due to hazardous work include those involved in underground mining, work in contact with explosives or flammable substances, such as gasoline, diesel and other petroleum derivatives, direct contact with high voltage energy, overt surveillance, with or without firearms, transportation of valuables, among others.
Thus, if there is proof of dangerous activity, the insured may receive Special Retirement, or even convert periods of special activities into common ones, to grant retirement based on length of contribution, as long as the minimum requirements for each regulation are met.
Main options for workers entitled to retirement due to hazardous work
As mentioned, dangerous activity can be used for differentiated counting in two different types of retirement: Special Retirement and Retirement by Contribution Time with Special Time Conversion.
According to the law, casual workers, insured employees or individual cooperative contributors who prove that they have carried out harmful work activities for a period of 15, 20 or 25 years are entitled to Special Retirement.
On the other hand, if the insured does not have enough time of special activities to be entitled to Special Retirement, or if he wishes to continue in dangerous activity after receiving retirement, he can transform the periods of special activities into common ones, with the aim of increasing his contribution time, and thus, achieve the right to retirement based on contribution time in INSS.
For workers entitled to retirement due to hazardous work who wish to convert special time into common time and, taking as a basis the general rule for special activities, that is, special activities that require 25 years of work for retirement, the conversion calculation will be using the multiplier 1,4 for men and 1,2 for women.
Find out which workers are entitled to retirement due to dangerousness
In short, only miners who work permanently underground on the production front are entitled to retirement after 15 years of special activity. Equally limited, retirement after 20 years of activity applies only to miners whose activities are away from the production fronts and exposure to asbestos in activities such as extraction, processing and handling of asbestos-bearing rocks, manufacturing of fiber cement products, among others.
In this way, all special activities that do not fit into the 15 to 20-year retirement period fall under the 25-year retirement rule for special activity.
It is worth mentioning that not every activity qualifies for special retirement. It is essential to prove exposure to harmful agents. It is worth mentioning that it is not necessary for the special activity time to be exercised entirely in just one work activity or employment relationship.
