|
|
This Wednesday President Jair Bolsonaro sanctioned a law that guarantees the in-person leave of pregnant employees during the Covid- crisis period, without any loss to their salary. reproduction Reproduction Pregnant women must remain working remotely until the end of the state of emergency The bill had been approved by Congress on April th. The authorship is by federal deputy Perpétua Almeida (PCdoB-AC). The text provides that pregnant employees must remain working remotely, at the disposal of the employer, until the end of the state of public health emergency. Roberto Kurtz , labor partner at Kincaid Mendes Vianna Advogados, explained that the pregnant employee will not be able to carry out her activities in person, but will be available to work "from her home, through teleworking, remote work or another form of distance work ". There is still debate regarding activities that would not involve working remotely, such as, for example, being a store saleswoman or a domestic worker. "As the law does not make any type of reservation and the intention was precisely to protect pregnant women and the unborn child from the risks of Covid-, it would be the employer's responsibility to pay salaries even without providing services", stated the lawyer.
"In these cases, the employer Greece Phone Number could seek alternatives to assign the employee other activities, as long as they do not go beyond the scope of the contract and are compatible with her personal condition, or even make use of the temporary suspension of the employment contract expressly authorized by article of Provisional Measure No. ,, of April , " See the full text: LAW No. ,, OF MAY , Provides for the removal of pregnant employees from face-to-face work activities during the public health emergency of national importance resulting from the new coronavirus. THE PRESIDENT OF THE REPUBLIC I make it known that the National Congress decrees and I sanction the following Law: Art. During the public health emergency of national importance resulting from the new coronavirus, pregnant employees must remain away from in-person work activities, without prejudice to their remuneration. Single paragraph. The employee on leave under the terms of the caput of this article will be available to carry out activities at home, through teleworking, remote work or another form of distance work. Art. This Law comes into force on the date of its publication. Brasília, May , ; th of Independence and rd of the Republic.
Upon confirming the intention to no longer attend work, the nd Labor Court of São Caetano do Sul (SP) upheld the dismissal for just cause of a pregnant employee who did not justify her absences by means of a certificate. Dollar Photo Club Dollar Photo Club The author, a general services assistant, claimed that she had informed her superiors about the pregnancy and also provided certificates or declarations of attendance. The employer claimed that the woman had abandoned her job, and presented time cards showing the worker's unjustified absences for more than ten consecutive days, in addition to telegrams calling her back to work. Judge Isabela Parelli Haddad Flaitt observed that all the documents brought to the file by the author were dated after the dismissal, and therefore would not serve as competent evidence. The witness interviewed was also unable to provide information about the facts. The judge also highlighted that the pregnancy stability raised by the author would not be able to rule out dismissal for just cause: "It is not acceptable that the claimant's right to remain in employment immunizes her from penalties that may arise from acts incompatible with professional conduct" , he pointed out. In addition to the nullity of the dismissal, requests for payment of severance pay and substitute compensation were also denied.
|
|
發表於 17:34:25