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Recently, the Federal Supreme Court (STF) ruled in favor of expanding access to maternity pay for self-employed workers and individual contributors, as long as they have made at least one contribution to the National Institute of Social Security (INSS).
Previously, there was a requirement of a ten-month contribution requirement for these workers to receive maternity pay, a rule in force since the 1999 Social Security reform. However, the STF considered this rule unconstitutional, arguing that such a requirement violated the principle of constitutional equality. See more details of the decision!
Impact of the STF decision
Therefore, the new decision represents a significant change, especially for individual contributors, rural workers classified as special insured persons, and optional contributors, who do not carry out paid work but choose to contribute to the INSS.
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Therefore, all of them now only need to make one contribution to be eligible for the benefit in cases of childbirth, adoption, legal guardianship for adoption purposes or non-criminal abortion. Thus, they are on par with formal workers governed by the Consolidation of Labor Laws (CLT).
Furthermore, it is important to highlight that the payment of maternity pay is the company's responsibility and takes an average of 45 days to be granted.
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Judgment on INSS benefit
Ultimately, the decisive vote came from Minister Edson Fachin, who argued that the principle of equality was violated with the prior requirement. He was followed by five other ministers, establishing the majority required for the change.
In this way, the decision eliminates the barrier that many workers face, ensuring greater equity in access to an essential right. Therefore, the decision not only immediately benefits self-employed workers and individual taxpayers, but also reinforces the principle of equality in Brazilian labor law.
In short, this decision is a significant step towards equal rights, reflecting the evolution of society and the labor market that recognizes the diversity of forms of work.
Image: Marcelo Camargo / Agência Brasil
