The legislation guarantees temporary stability for pregnant women from the confirmation of pregnancy until 5 months after birth, during which time there may be no arbitrary or unjustified dismissal.
Case law understands that the right to employee stability arises with conception, regardless of the employer's knowledge of the pregnancy or confirmation that the pregnancy occurred after a possible dismissal.
In the event of arbitrary or unfair dismissal, the employee will have the right to be reinstated to work, receiving all the amounts that she would be entitled to if she were working. If reinstatement is not possible, the worker will be entitled to compensation.
The reason for the existence of such stability is to prevent pregnancy from becoming a cause of discrimination against the employee, guaranteeing the continuity of the employment relationship, as well as ensuring the support of the unborn child and the family.
However, dismissal may occur when there is just cause, that is, when the employee violates the relationship of trust in the employment relationship.
In short, just cause is established when:
- Indiscipline or insubordination;
- Act of dishonesty (e.g., robbery or theft);
- Bad behavior or incontinence of conduct;
- Criminal conviction;
- Negligence;
- Habitual drunkenness;
- Violation of company secrets;
- Abandonment of employment;
- Act that is harmful to the honor or good reputation of the service against any person or against the employer/superior;
- Physical offenses;
- Constant practice of gambling;
- and finally, loss of license.
Previously, TST Summary 244 established that the stability of pregnant women did not extend to cases where the term of a fixed-term employment contract ended, since the passage of the established time would not constitute arbitrary dismissal or dismissal without just cause.
However, this understanding was modified by the TST, and Today, stability also applies to cases where there is a fixed-term contract, protecting the employee in all types of employment contracts.