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What is Function deviation and accumulation (desvio e acúmulo de função)?

Also: desvio de função · acúmulo de função · function deviation

Function deviation is working at something other than what was contracted; accumulation is adding the functions of distinct roles. In deviation, the employee performs the tasks of another, usually more qualified, role; in accumulation, they take on duties foreign to their own without the matching pay. The typical consequence is a claim for wage differences.

The presumption is that kindred tasks form part of the role (art. 456, sole paragraph, of the CLT); the right to extra pay depends on proof that there was, in fact, relevant deviation or accumulation — ground on which oral evidence and the job description decide.

How LABORIS AI uses it

LABORIS AI assesses the strength of the claim against the available evidence and the court’s history on the matter, separating cases where deviation or accumulation tends to be granted from those where the documentary defense refutes it.

Legal basis
CLT, art. 456, parágrafo únicoCLT, art. 460

Informational content — it is not legal advice.