CLT Unhealthiness Bonus by Degree Calculator

How the unhealthy-work premium is calculated

Two rules govern the unhealthy-work premium (adicional de insalubridade): CLT art. 192 and NR-15 of the Labor Ministry. How much you get depends on the exposure level a technical report (laudo) confirms. Minimum degree pays 10%, medium degree 20%, and maximum degree 40%. What about the base? TST Súmula 228 once pegged it to the worker's salary, but STF Binding Precedent 4 threw that out, so courts now use the federal minimum wage until a new law or collective agreement says otherwise.

Take maximum degree (40%) against a 2024 minimum wage of R$ 1,412: premium = 1412 × 0.40 = R$ 564.80/month. As long as the exposure continues, that amount reflects on DSR, vacation, 13th salary and FGTS. It stops the day the employer removes the agent. PPE on its own can reduce or even extinguish the right, under CLT art. 191.

When does it apply in Brazil?

You see it most in hospitals and clinics (biological agents, usually 20%), chemical industry and refineries (chemical agents, anywhere from 10% to 40% depending on the substance), slaughterhouses and cold-storage facilities (cold and noise), and mining (dust, vibration, noise). An occupational physician or safety engineer sets the grade after a technical report on site. One thing it cannot do is stack with hazard pay (periculosidade, 30%); the worker keeps whichever pays more, per CLT art. 193 § 2º.

FAQ

Who pays for the technical report? The employer does. A registered occupational physician or safety engineer has to issue the laudo, and it becomes mandatory whenever the worker asks for one or the Labor Ministry shows up to inspect.

Does providing PPE remove the premium? Only when the PPE actually brings the agent below the NR-15 tolerance limit, and only when its use is documented and supervised. Fall short of that and the premium stays due.

Can a collective agreement set the salary as the base? Yes. Súmula 191 of the TST lets collective agreements pick a more favorable base, whether that is the worker's full salary or some fixed amount above the minimum wage.

Is the premium retroactive if I prove past exposure? Yes, though the 5-year statute of limitations on labor claims caps it (CF art. 7º XXIX), counting back from when you file the lawsuit.