Temporary employment contract does not guarantee temporary stability to pregnant women

The company will not have to pay compensation related to the period of gestational stability to the employee whose employment contract was temporary. The decision is made by the TST minister, Douglas Alencar Rodrigues, when reforming the sentence under the understanding that the temporary work regime, governed by law 6.019 / 74, is inapplicable, the guarantee of temporary stability to the pregnant employee.

When analyzing the labor action in which the employee pleaded for the recognition of gestational stability, the TRT of the 3rd region, understood that the pregnancy of the employee when the contract was breached, the stability of the pregnant woman to employment must be recognized, even if it is a contract temporary.

The Court concluded that the pregnant employee is entitled to the provisional guarantee of employment provided for in art. 10, item II, item “b”, of the ADCT, in the event of admission by temporary employment contract, governed by law 6.019 / 74. The magistrate also denied following up on the company’s refusal to search and ordered the company to pay compensation for the period of gestational stability.

The company appealed claiming to have signed a temporary employment contract with the employee that is incompatible with gestational stability. He also maintained that the TST summary 244 is not applicable in the temporary employment contract.

SOURCE: MIGALHAS 02/19/2020