See what the CLT says when pregnancy is discovered even during the notice period
Expecting a child is certainly a special moment in a woman’s life, but it often involves additional difficulties, such as keeping a job. But, in this sense, gestational stability is provided for by law n. 12.812 – art. 391-A of the TUF and in paragraph b of chapter II of art. 10 of the law on transitional constitutional provisions
It is a right to ensure your and your child’s well-being, as underlined by André Leonardo Couto, of Lawyers of the ALC. The legal expert points out that this condition ensures that female workers do not face occupational discrimination and keep their livelihood and career preserved. However, he points out that there is still a lack of knowledge among the female public about their rights.
“Provided by law, it is a protection for the woman’s work that offers a guarantee of continuity of this work, from the confirmation, that is from the date on which she discovered the pregnancy and goes up to the 5th month after giving birth. The law guarantees every pregnant woman this moment of stability, so she cannot be fired from the company that is hired. Arbitrary or unjustified dismissal is prohibited,” explains the lawyer.
What if the company is unaware of the pregnancy at the time of the layoff?
According to the expert, it may happen that the company is unaware of the pregnancy at the time of an employee’s dismissal. In this case, he advises that the employee must be reinstated, even if the pregnancy was conceived with advance notice.
“If she was pregnant and was fired, she is entitled to the warrant, even if the company does not know about it. The main issue that needs to be clarified is that the protection is for the unborn child. Therefore, for everything to take place in accordance with the law, the pregnant woman must contact the Human Resources of the company to be re-entered, handing over the document certifying her pregnancy, such as the medical certificate for example ”, she explains.
“Recalling that if she becomes pregnant during the notice period, she will have the same rights as in the period of gestational stability. Then she will have the 120 days of maternity leave, without withholding or other loss of salary,” she says.
Is there any compensation?
If the company refuses to reinstate the employee, even after delivering the medical certificate, the lawyer adds that the institution must, to avoid legal problems, pay compensation for the period of stability.
“If there is no agreement for her reinstatement, the employer must voluntarily and spontaneously pay the expectant mother all rights for the period of stability, as if she were working. That is, he must receive wages for the entire period of stability, 13th salary, holidays plus 1/3, FGTS with 40% fine, and also notice with the projection until the end of that period. This way she will have more security and comfort to take care of her baby and companies will play their role ”, she comments.
What if it’s dismissal for just cause?
“It all starts with trust. But I remind you that when a woman commits a serious misconduct, the employer is no longer obliged to respect the period of gestational stability. To illustrate, we have the problem of fake medical certificates. This is a serious offense punishable by dismissal for just cause, regardless of whether you are pregnant or not. Therefore, if after the evaluation the false documents are found, the employee will be fired for just cause, even if she is in her period of stability ”, she underlines.
Is there a process?
There may be cases where the pregnant woman is fired, even if the company is aware of the pregnancy. If this happens, the lawyer reminds you that you can go to court to recover your rights. For him, this is a bad path for companies.
“Of course, injustices happen in Brazil and many people are unaware of labor rights. Therefore, if an injustice occurs, he must call a lawyer to file a labor lawsuit against the organization, demanding all rights and compensation, such as what was not paid voluntarily ― such as 13th salary, vacation plus 1 /3, FGTS with a fine of 40% and others. But to avoid this kind of problem, I point out that the right thing is to follow the law by supporting the mother and her child,” she concludes.
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Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
