The 5th Panel of the TST (Superior Labor Court), correctly, denied the request for the payment of a risk bonus to a casual dockworker.
The decision of the panel, under the rapporteurship of Minister Douglas Alencar Domingues, based the denial of the request on the STF’s decision regarding Theme 222.
The STF, in judging the possibility of extending the payment of said bonus to casual dockworkers, expressly stated that two requirements must be met for its granting, namely: 1. the existence of another worker with a permanent contract receiving the risk bonus in question; and 2. that this linked worker (paradigm) performs the same functions and under the same conditions as the casual worker (paragon).
Currently, there are very few cases where there is a linked worker receiving a risk bonus, so the trend is that actions in this regard will become increasingly rare.
It is important to emphasize that the risk bonus was created in the 1960s, when the container had not even been invented, and goods were moved in sacks, bags, cardboard, and other forms, besides the technology for bulk handling being quite different from what is practiced nowadays in Brazilian ports.
Article written by lawyer Bruna Esteves Sá.
