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Decisions Confirm That Motorcycle Couriers, Deliverers, and Motorcycle Taxis Have the Right to Receive 30% More in Salary for Hazard Pay, Reinforcing the Protection of Those Who Live in Traffic.
One of the most at-risk categories in Brazil has a right that is often little known but has already been confirmed by the courts. Courts have recognized that motorcyclists who use their bikes for work — such as deliverers, motorcycle taxi drivers, and motorcycle couriers — are entitled to a hazard pay supplement of 30% on their salary. This measure reinforces the protection of those who depend on motorcycles to survive and face the chaotic traffic of cities every day.
What Is Hazard Pay
Hazard pay is an extra amount that workers receive when performing their duties under conditions of risk greater than normal. It amounts to 30% of the base salary, excluding bonuses, awards, or profit sharing.
This right already existed for professionals who work with flammable materials, explosives, and electricity. But since 2014, it has also included professional motorcyclists, recognizing the high incidence of accidents involving those who use motorcycles daily for work.
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What the Law Says
Article 193 of the Consolidation of Labor Laws (CLT) was amended by Law 12,997/2014 to expressly include that motorcycle workers are entitled to hazard pay.
This means that the benefit is not just a simple ad hoc decision, but a clear legal provision. Still, many companies try to contest this, claiming that the risk is inherent in the choice of work. However, the courts have reinforced that the law exists precisely to protect employees in these conditions.
What the Courts Decided
The Superior Labor Court (TST) has consolidated the understanding that every motorcyclist who habitually uses their motorcycle for work is entitled to the additional pay. This includes:
- App-based Deliverers, who spend hours in traffic transporting orders;
- Motorcycle Couriers, who make quick deliveries in urban areas;
- Motorcycle Taxi Drivers, who transport passengers in small to medium cities;
- Messengers and company professionals, who commute by motorcycle daily.
On the other hand, the benefit does not apply to those who use a motorcycle occasionally or without habit, such as workers who commute only from time to time.
Why Motorcyclists Have Rights
Brazilian traffic is one of the deadliest in the world for motorcyclists. Data from the Ministry of Health shows that for every ten traffic deaths, three involve motorcycles.
Additionally, deliverers and motorcycle couriers are exposed to constant danger situations, such as:
- Risk of accidents on busy roads;
- Exposure to weather conditions (rain, extreme heat, cold);
- Pressure for quick deliveries;
- Lack of adequate protection in case of collisions.
These factors justify the recognition of the right to the additional pay, as the risk is above average and is present throughout the workday.
Impact on Workers
Hazard pay can represent an important relief in the budget. For a salary of R$ 2,000, for example, the motorcyclist starts receiving R$ 600 more every month.
This amount compensates, at least in part, for the risks faced and helps balance expenses for motorcycle maintenance, fuel, and protective equipment.
The Controversy: Law Guarantees, but Suspended Ordinance Creates Insecurity
Although Law 12,997/2014 expressly included motorcyclists in Article 193 of the CLT as a hazardous activity, the effective application of the additional 30% relied on regulation by the Ministry of Labor. This regulation came with MTE Ordinance No. 1,565/2014, but it was partially suspended by court injunctions, creating a true legal limbo.
In practice, this means that not all courts understand the matter the same way. The TST has already decided, in some panels, that without valid regulation, the additional is not owed, interpreting the head of Article 193 restrictively. On the other hand, regional courts such as TRT of the 1st Region (RJ) and TRT of the 8th Region (PA/AP) have recognized that the CLT, by itself, already guarantees the right, even without an ordinance in effect.
Labor lawyer Dr. Alexandre explains that, in light of the division, it is essential for the motorcyclist to gather evidence that they use the motorcycle as an essential tool for work — such as photos, app screenshots, route reports, or delivery receipts. These documents strengthen the legal action and can guarantee not only the current additional pay but also retroactive amounts of up to five years.
The case is still under debate in Incident of Repetitive Appeals No. 0000294-39.2022, awaiting a final decision from the TST. Until then, each case continues to be evaluated individually, and many workers have achieved victories in court.
What to Do in Case of Denial
Despite the clear law and jurisprudence, some employers still resist paying the additional. In that case, the worker can:
- Contact the workers’ union;
- File a complaint with the Ministry of Labor;
- Seek legal support and file a labor lawsuit.
The courts have recognized the right broadly, and many cases result in retroactive payment of additional pay, with interest and adjustment.
Protection and Recognition
Labor law specialists assert that the inclusion of motorcyclists in the hazard pay was an important advancement because it brought visibility to one of the most vulnerable categories.
More than just an extra amount, the benefit symbolizes the recognition of the importance of these professionals, who keep cities functioning, especially in sectors like deliveries and rapid transport.
A Victory for the Category
The recognition of hazard pay for motorcyclists is a victory for the category and an important step in protecting work under risky conditions.
The law is clear: those who habitually use motorcycles for work have the right to receive 30% more in salary as compensation for the daily dangers faced on the streets.
In practice, the courts reinforce that the life and dignity of the worker come first.
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