19.404 Law about Heavy Work
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The 19.404 Law‰s objective is to look for a higher protection of
the workers, giving them the possibility to retire in advance, when
they have performed jobs qualified as "heavy", either
in the old social security system, as well as in the new one.
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It is estimated that this law will benefit around 1,460 workers
,of the old system, per year; apart from 4360 that are currently
annually benefitted.
19.404 Law of August, 21, 1995 modifies the decree-law 3.500 of
1980. The Supreme Decree N¼71, that aproves the Regulation for the
aplication of this Law, establishes the following in its fundamental
articles:
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Title I Art.1.- Defines as heavy work:
All of that, which execution accelerates physical, intellectual
or psychic waste, in most of who do it, causing precocious ageing,
even when they do not generate a working disease.
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Title I Art.2.-Indicates that for qualifying a labor as heavy
work, there must be considered at least the following factors:
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Physical Factor:
Is that formed by the demands of the jobs position that
require physiological adaptative effort, revealed in a higher
energetic expense and with metabolism modifications.
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Environmental Factor:
Is the one that corresponds to presence of environmental agents
in jobs positions, that may negatively affect the workers‰
health, their wellfare and physiological balance.
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Mental Factor:
Is the one that in the jobs position, demands adaptative
efforts from the nervous system and the workers psychoeffective
structure.
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Organizational Factor:
Is the one in which the jobs position demands derived
from organization, task design, and its psychosocial scene.
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Note: More Information about 19.404 Law can be requested to the
National Ergonomic Comission Director, Subsecretary‰s office of Social
Security, or Ministry of Social Security and Work.
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