Accumulation of Duties vs. Deviation of Duties: Understand Your Rights

In the workplace, the terms accumulation of duties (acúmulo de função) and deviation of duties (desvio de função) are often used, but they cause confusion among employers and employees alike. Understanding the difference between these concepts is crucial to ensuring that labor rights are respected and that both parties fulfill their obligations.

I. Accumulation of Duties

This occurs when the employee, in addition to their usual activities, regularly and not occasionally performs the duties of another position, with the employer's consent.

A) Characteristics of Accumulation of Duties:

1. Employer consent: This must be given in writing or verbally, through direct orders from superiors.

2. Regularity: The extra duties must be performed on a regular, not occasional, basis.

3. Compatibility: They must be compatible with the worker's qualifications.

B) Pay for Accumulation of Duties:

The employer must provide adequate compensation, whether through an additional allowance, a bonus or a promotion.

II. Deviation of Duties

This occurs when the employee is required to perform duties unrelated to their original position, without consent.

A) Characteristics of Deviation of Duties:

1. Lack of consent: The employer cannot require the employee to perform tasks not provided for in the contract.

2. Unrelated duties: They must be entirely unrelated to the worker's original position.

3. Harm to the worker: It can cause physical and mental strain, risk of accidents and humiliation.

B) Consequences of Deviation of Duties:

It can lead to constructive dismissal (rescisão indireta), entitlement to salary differences and compensation for moral damages.

III. Tips for Avoiding Accumulation and Deviation of Duties:

For employers:

- Clearly define the duties of each position.

- Communicate job descriptions to workers.

- Obtain written consent for extra duties.

- Provide adequate compensation.

For employees:

- Read your employment contract carefully.

- Be aware that you are not required to take on duties not provided for in the contract.

- Report any deviation to your supervisor.

- Seek legal guidance.

Understanding these differences is essential to protecting labor rights and fostering a fair and productive work environment for employers and employees.