Heloisa de Alencar Santos
Lawyer at Marcos Martins Advogados
The Labor Court ruled at first instance that a disabled employee dismissed without just cause during the pandemic is entitled to reinstatement, which protects workers against arbitrary dismissal.
The 2nd Labor Court of Jaú, in the interior of São Paulo, decided to reinstate the disabled employee dismissed during the pandemic, in view of the express prohibition of Law 14.020/20 in its article 17, item V, which expressly prohibits the dismissal of this class during the state of public calamity due to the pandemic.
The company had dismissed the worker, hired to fill the quotas provided for in Article 93 of Law No. 8,213/91, before Law 14,020/20 came into force, which was published during the course of the notice period, with the 2nd Labor Court of Jaú understanding that the provision of Article 17, subsection V applies, and that it is not necessary for the employment contract to be active for the disabled worker to benefit from the prohibition on dismissal while the pandemic lasts.
Temporary stability as a result of the pandemic protects disabled workers from arbitrary dismissal, including those who are serving notice. With this understanding, the 2nd Labor Court of Jaú granted the worker’s request for reinstatement, ordering him to return to his activities at the defendant company.
