19.404 Law about Heavy Work

 

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.

 

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:

 

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.

   

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 job’s 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 job’s 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 job’s 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 job’s position demands derived from organization, task design, and its psychosocial scene.

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.