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If You Work in This Position at the Company, You May Get a Raise of R$ 607, Warns Lawyer. Lawyer Alexandre Ferreira Explains How the Position in the Company Can Guarantee Insalubrity Surcharge and Impact All Labor Rights
The lawyer Alexandre Ferreira stated that if the worker performs a specific function at the company, they may be entitled to a raise of R$ 607 in salary. The amount corresponds to the maximum insalubrity surcharge, as provided by labor legislation for activities that pose a risk to health.
This right directly impacts millions of Brazilians who work in operational roles. The surcharge is not limited to monthly payment but must be incorporated into vacation pay, FGTS, the 13th salary, and overtime, significantly increasing the final income of the worker.
Why Does the Position in the Company Guarantee This Surcharge?
According to Alexandre Ferreira, positions that involve cleaning bathrooms with high foot traffic or collecting trash from these locations expose the worker to biological agents. This scenario constitutes maximum insalubrity, which guarantees a 40% surcharge on the minimum wage.
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The amount mentioned by the lawyer is R$ 607.20, based on the previous minimum wage. In 2025, with the minimum wage adjusted to R$ 1,518.00, the real impact may be even greater, as the calculation base follows the federal government’s decrees.
Does The Surcharge Really Reflect in Benefits?
Yes. The insalubrity surcharge is part of the remuneration and, therefore, must be considered in calculations for vacation pay, the 13th salary, FGTS, notice periods, and overtime. The CLT and NR-15 confirm this salary nature, which extends the benefit’s scope beyond the monthly paycheck.
This understanding is reinforced by court decisions that guarantee the worker not only the retroactive payment of the surcharge but also the revision of all labor calculations in which the amount should have been included.
When Does The Position in The Company Not Generate The Right?
The surcharge is only due if there is a technical expert report proving that the environment exposes the worker to real risk. If the company provides effective PPE capable of fully neutralizing the risk, the right may be suspended.
Therefore, it is crucial for the worker to check whether the calculation is being done correctly. If the surcharge is ignored or paid partially, the Labor Court may recognize the difference and determine the correction of the amounts.
The Impact on The Worker’s Pocket
The surcharge of R$ 607 may seem small at first glance, but its impact is multiplied when considered in vacation pay, FGTS, and the 13th salary. In practice, the position in the company can represent thousands of reais more per year, emphasizing the importance of knowing and demanding this right.
Lawyers and unions recommend that workers request technical expertise, keep receipts, and, in case of irregularities, seek legal advice to ensure the benefit.
The explanation from lawyer Alexandre Ferreira shows that the position in the company can be crucial to guarantee a salary increase and uphold labor rights. Many still do not know about this surcharge, but the legislation and case law make it clear that it must be paid correctly.
Did you already know about this right? Do you think it’s fair that certain positions receive an insalubrity surcharge? Share your experience in the comments.
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