Faxineira de farmácia não consegue comprovar insalubridade em grau máximo
A limpeza de farmácia se equipara à de escritório, e portanto tem grau de insalubridade médio. Com esse entendimento, a 4ª Turma do Tribunal Superior do Trabalho liberou a Drogaria Mais Econômica de Porto Alegre (RS) de pagar adicional de insalubridade em grau máximo a uma faxineira.
Na reclamação trabalhista, a faxineira contou que limpava banheiros dos funcionários, dos clientes e todas as dependências da drogaria, inclusive ambulatórios. Contou que percebia o pagamento de insalubridade em grau médio, porém, devido à atividade desempenhada, pleiteou o adicional em grau máximo.
O juízo da 13ª Vara do Trabalho de Porto Alegre (RS) indeferiu o pedido da faxineira com base em laudo pericial que concluiu que as atividades exercidas são consideradas insalubres de grau médio, valor já percebido pela empregada.
Contudo, o Tribunal Regional do Trabalho da 4ª Região (RS), ao julgar o recurso, deferiu o aumento do adicional, com fundamento de que o lixo domiciliar e o lixo urbano, qualitativamente, se equivalem, porquanto compostos de agentes patogênicos similares, expondo a saúde do obreiro a agentes nocivos, cujo recolhimento gera direito ao adicional em grau máximo.
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O relator do recurso de revista da empresa, ministro Alexandre...
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