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The CLT grants several rights to pregnant employees; find out what is permitted and prohibited during this period.
Pregnant employees have specific rights to protect their health and that of their unborn baby. These rights, established by the CLT, ensure suitable conditions for pregnant women.
Therefore, it is essential to know these rights so that women can experience motherhood safely and fully, balancing their personal and professional lives. In this context, the law prohibits dismissing a pregnant woman without just cause.
When an employee discovers she is pregnant, job security protects her. This means that a pregnant woman has job security during pregnancy and for 5 months after giving birth.
Is it possible to dismiss a pregnant woman?
The employment relationship may end only if the pregnant employee commits serious misconduct. However, dismissal for just cause is a drastic measure and requires justification, such as negligence, indiscipline, insubordination, among other serious offenses.
Even in these cases, the law ensures that the pregnant employee receives all the severance payments owed. These payments include, for example, salary balance proportional to the days worked, accrued and proportional vacation pay increased by one-third, proportional thirteenth salary, etc.
What happens if the dismissal occurs before the pregnancy is confirmed?
If the dismissal occurs before the woman discovers the pregnancy, the law still guarantees her rights. Even if the dismissal is unrelated to the pregnancy, the law protects pregnant women against any harm.
In this case, if the woman later discovers that she was pregnant during her employment, she can assert her rights and take the appropriate measures. The company must accept responsibility for its actions and seek ways to correct the mistake made.
If the company refuses to acknowledge the mistake or fails to seek an appropriate solution, the employee has the right to take the matter to court. When the company is sued and the wrongful dismissal is proven, the company may be ordered to pay compensation.
