This article is about Brazilian labor law (CLT, NR-1, Law 14.457 and related rules). It does not apply to other countries. The source texts are in Portuguese; this is a translation.
The person was hired as an assistant, but for two years has been doing an analyst's work because "they're the one who knows". Nobody did it in bad faith. Still, this is how a salary-difference claim is born.
Deviation or accumulation?
- Role deviation: the person performs another role, usually a better-paid position, instead of the one they were hired for.
- Role accumulation: the person adds tasks from another role to the ones they already had.
The CLT starts from the idea that an employee does any work compatible with their condition (art. 456, sole paragraph). The problem appears when the task goes beyond that limit. In deviation, the TST's case law allows salary differences, without a new job classification (SDI-1 Guideline 125).
Common signs
- A job description that has not been reviewed in years.
- A person who "covers" a position that has been open for months.
- Tasks with more responsibility and no change in pay.
- Two colleagues with the same task and very different salaries, which may also raise a pay-equalization question (art. 461).
What to do
- Review job descriptions at least once a year.
- Formalize the promotion or substitution when it happens.
- Set an end date for temporary coverage.
- Ask the team, in plain language: "have your tasks changed without your job title changing?"
In IP, this question is part of the check-in library. The answer opens a signal for HR, which checks the situation and records what was done.
Source: CLT (Brazilian Labor Code), arts. 456 (sole paragraph) and 461; TST SDI-1 Jurisprudence Guideline 125
Informational content. It does not replace the advice of your lawyer or the company's occupational safety lead.