Pregnancy during notice or probation in Brazil: is there job security?

An employee who becomes pregnant during the notice period, worked or paid in lieu, is entitled to pregnancy job security, from the start of pregnancy until 5 months after birth (CLT, art. 391-A). Brazil's Superior Labor Court (TST) applies the same protection to probationary and other fixed-term contracts (Precedent 244, III). The exception is temporary work under Law 6,019/1974, where the TST ruled there is no such job security.

Quick summary

• Notice period: pregnancy confirmed during notice, even paid in lieu, gives job security.
• Probation: TST Precedent 244 guarantees job security.
• Temporary work under Law 6,019: the TST ruled in 2019 there is no job security.
• Not knowing: it does not matter whether the employer or the employee knew of the pregnancy at dismissal.
• Right: reinstatement or compensation for the job-security period.

How it works

Job security runs from confirmation of pregnancy, understood as conception, until 5 months after birth. If dismissal without cause happens in this period, the employee can ask for:

1. Reinstatement, with the wages for the time away; or
2. Compensation equal to the wages and rights of the job-security period, when returning is not advisable or the period has ended.

What to do

• Get a test showing the probable date of conception.
• Notify the employer in writing, with a copy of the test.
• If the employer refuses reinstatement, go to the Labor Courts within 2 years of the contract ending.

Frequently asked questions

I found out I was pregnant after being dismissed. Am I entitled?

Yes, if conception occurred before the contract ended, including the notice period, even when paid in lieu.

Does resigning while pregnant remove job security?

A resignation by an employee with job security must be assisted by the union or a labor authority to be valid (CLT, art. 500).

Does a pregnant temporary worker have job security?

According to the TST, no, in temporary work under Law 6,019/1974.

Read more in this series

• Job security: who is entitled
• Pregnant workers' rights
• Notice period: worked or paid in lieu
• Index: complete guide to labor rights

Topic: this guide is part of Dismissal and termination, with all the guides on the subject.