Temporary employee has no right to pregnancy stability

The Superior Labor Court (TST) confirmed last week that pregnant women, employed under a temporary contract, has no right to the pregnancy job stability provided by the legislation (Art. 10 of the Transitory Constitutional Provisions) – period between the confirmation of pregnancy up to five months following birth. The temporary worker provide services under temporary needs, such as an unforeseen service increase or replacement of regular employees. In this sense, the TST understood that the recognition of pregnancy job stability does not relate to the purpose of Law 6,019 (Temporary Workers Legislation), which aims to meet exceptional situations and the end of the relationship is expected upon the termination of the temporary period. The decision is binding and can be applied in other ongoing cases.

If you, or your company, have any matter impacted by this decision, our specialized labor team is available to assist you in analyzing the terms of the new decision issued by the Superior Labor Court.