The update to NR-16 (Regulatory Standard No. 16) reached a new milestone with the publication of... Ordinance No. 2,021, The regulation, dated December 3, 2025, by the Ministry of Labor and Employment, approved Annex V, which deals with hazardous activities and operations, establishing objective criteria for characterizing hazardousness in activities involving the use of motorcycles. The text came into effect on April 3, 2026.
What are the definitions in the new annex and how do they impact NR-16?
Annex V of NR-16 defines that work activities involving the use of motorcycles for travel on public roads are considered hazardous, reinforcing the understanding that exposure to traffic risks justifies classification for the purposes of hazard pay. On the other hand, the regulation also delimits situations in which hazard pay does not apply, such as cases of travel exclusively between home and work, activities carried out only in private areas, or the occasional use of the motorcycle.
Furthermore, the Ordinance establishes the mandatory preparation of a technical report for the characterization or decharacterization of hazardous activity, which must be carried out by a qualified professional, and also determines that such documents be available to workers, unions, and labor inspectors — a measure that reinforces transparency and control of working conditions.
What our experts say
In this context, the analysis of Gabriela Giacomin, partner in the labor law area:
“From a business perspective, the publication of Ordinance 2,021 necessitates an immediate review of internal procedures. Risk Management Programs, occupational risk analyses, job descriptions, and mobility policies must be updated in light of the new Annex V of NR-16. Integrated action between occupational safety and health, human resources, and legal departments becomes even more strategic to mitigate labor liabilities and ensure regulatory compliance.
The consolidation of objective and valid normative criteria strengthens the institutional recognition of the risk inherent in the activity, while reducing the exclusive dependence on litigation as a means of securing rights related to hazard pay.
From a business perspective, MTE Ordinance No. 2,021/25 can generate greater predictability in the management of labor liabilities involving motorcyclists. Although it does not entirely eliminate areas of interpretative sensitivity, Annex V of NR‑16 It establishes essential technical parameters for balancing worker health protection, efficient work organization, and regulatory compliance for companies.
The main challenge from now on lies in the practical and consistent application of these criteria, requiring organizations to exercise technical rigor, provide adequate documentation, and proactively assess the legal risks involved.”
Simões Ribeiro has a robust and specialized Labor Law team that stays up-to-date on NR-16 regulations.
