Job security in Brazil: who is entitled and for how long

*Temporary job security (estabilidade provisória) is a period during which the worker cannot be dismissed without cause. The main ones protect pregnant workers, workers who suffered a work accident, elected members of the CIPA (the workplace accident prevention committee) and union officers.* If dismissed during this period, the worker can ask for reinstatement or the corresponding compensation.

Quick summary

• Pregnant worker: from confirmation of pregnancy until 5 months after childbirth.
• Work accident: 12 months after the work-accident disability benefit ends.
• CIPA (full member elected by employees): from registration of candidacy until 1 year after the term.
• Union officer: from registration of candidacy until 1 year after the term.
• Other forms of job security may be provided by collective agreements (e.g., pre-retirement).

Overview of job security protections

• Pregnant worker — Period: from confirmation of pregnancy until 5 months after childbirth · Basis: ADCT, art. 10, II, b; TST Precedent 244 (TST is the Superior Labor Court)
• Work accident / occupational disease — Period: 12 months after the accident benefit ends · Basis: Law 8,213/1991, art. 118; TST Precedent 378
• CIPA member — Period: candidacy until 1 year after the end of the term · Basis: ADCT, art. 10, II, a
• Union officer — Period: candidacy until 1 year after the end of the term · Basis: Constitution, art. 8, VIII; CLT, art. 543, §3
• Pre-retirement — Period: as set by the collective rule · Basis: collective agreement

Points to watch

• Pregnant worker: job security applies even if the employer did not know about the pregnancy at the time of dismissal. For temporary work under Law 6,019/74, the TST has held that this guarantee does not apply — see Temporary work.
• Accident: as a rule, it requires leave of more than 15 days with an accident benefit; an occupational disease recognized after dismissal can also guarantee job security (TST Precedent 378). See Work accidents and CAT.

I was dismissed during a job security period. What now?

1. Keep the documents: pregnancy tests, CAT (work accident report), leave notice, proof of candidacy.
2. Notify the employer in writing and ask for reinstatement.
3. Contact the union or file a labor claim asking for reinstatement or compensation for the period.
4. Respect the deadline of 2 years after the end of the contract.

Frequently asked questions

Does a pregnant worker on a probationary contract have job security?

Under TST Precedent 244, yes. The exception established by the TST is temporary work under Law 6,019/74.

How long does job security last after a work accident?

12 months after the work-accident disability benefit ends.

I resigned while pregnant. Do I lose job security?

A resignation by an employee with job security must follow certain formalities (assistance from the union or the labor authority, art. 500 of the CLT, Brazil's Consolidated Labor Laws). Seek guidance.

Read more in this series

• Work accidents: CAT, leave and workers' rights
• Severance pay: what you receive for each type of dismissal
• CLT worker rights: complete guide
• Labor Court: how it works and how to file a claim
• Index: complete guide to labor rights