Ariadne Fabiane Velosa
Lawyer at Marcos Martins Advogados
In a unanimous decision, the Superior Labor Court ruled that the stability of pregnant women is inapplicable in the case of temporary employment.
The case concerned a sales consultant who worked for a company in the city of Cuiabá – Mato Grosso until 12/02/2016. An obstetric ultrasound in May 2016 showed that she was 13 weeks pregnant at the time of her dismissal.
The company providing the services claimed that the provisional stability provided for in article 10, item II, paragraph “b” of the Transitional Constitutional Provisions Act (ADCT) was incompatible with temporary employment, but was ordered to pay compensation in a court ruling.
The company appealed to the Regional Labor Court of the 23rd Region (Mato Grosso), which upheld the sentence, arguing that there was no incompatibility between the provisional stability of pregnant women and the type of employment contract. The TRT also pointed out that “any dismissal implemented during this period is illegal and therefore voidable”.
Disgruntled, the company appealed to the TST, which accepted its arguments and reversed the previous decision, in view of the 6th Panel’s understanding that the stability of pregnant women is inapplicable in the case of temporary employment, following the decision of the Full Bench of the TST, in an Incident of Assumption of Jurisdiction, with binding effect, in the judgment of IAC-5639-31.2013.5.12.0051, in a session held on 11/18/2019, which established the following legal thesis:
“the guarantee of provisional stability for pregnant employees, provided for in art. 10, II, b, of the Transitional Constitutional Provisions Act, is inapplicable to the temporary employment regime, governed by Law No. 6.019/74.”
In this way, it dismissed the indemnity, due to the employee’s gestational stability.
