TST Decides Pregnant Temporary Workers Can Be Terminated

Restriction applies to contracts with service providers

São Paulo

Temporary contract workers who become pregnant do not have the right to job security, the Superior Labor Court (TST) ruled.

The plenary of the court decided on Monday (18), by majority (16 votes to 9), that this type of hiring has peculiarities that hinder equivalence with ordinary employment.

Other workers cannot be dismissed between pregnancy and five months after childbirth.

The trial discussed the application of TST 244 and the ADCT (Transitional Constitutional Provisions Act) article, which deals with the law of the pregnant maid.

The ADCT prohibits unjustified dismissal from the confirmation of pregnancy and up to five months after delivery. The summary established that ignorance of pregnancy does not exempt the payment of compensation for the period of stability. That is, if the pregnant woman is fired, she is entitled to receive the salaries of the entire period that would have stability.

Restriction applies to contracts with service providers. Rivaldo Gomes/Folhapress, SHOW - Folhapress

Translated by Kiratiana Freelon

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