Estabilidade da empregada gestante e a aplicação e efetividade da Súmula nº 244 do Tribunal Superior do Trabalho

• Autor(a) principal: Prado, Andressa Mendonça
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33369
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Contrato de trabalho; Reintegração; Estabilidade; Gravidez; Súmula 244 do TST; Licença maternidade; Employment contract; Reintegration; Stability; Pregnancy; Summary 244 of the TST; Maternity leave

The present study aims to verify the legal consequences on the pregnancy of the employees in the course of the employment contract, as well as the current applicability and effectiveness of the Summary 244 of the Superior Labor Court. As we can see, there is a great discussion related to the subject, considering the great number of divergences in the decisions of the Brazilian courts. Labor law deals with the issue of the provisional stability granted to the pregnant woman, guaranteeing her the right to be reinstated or indemnified if her pregnancy state is not respected. The reintegration will occur when the discovery of the pregnancy, as well as its communication to the employer take place within the period established in law for stability. On the other hand, compensation also has a time when this discovery and / or communication occurs after the period of stability. In addition, as will be shown, even if the pregnancy occurs in the course of the prior notice, stability is still guaranteed, since prior notice integrates the employment contract for all legal purposes. In spite of the rights described above, both in relation to reintegration and in relation to the compensation of pregnant employees, as well as the existence of constitutional and labor standards, in addition to summits, current judgments show us that it is not easy to apply these norms and precedents , Since, around these, numerous interpretations have been constructed, to avoid the banalization of the institute and to guarantee its maximum effectiveness. Also, other institutes that correlate with the topic will be analyzed in the present study, such as the work contract, early warning, provisional stability and maternity leave. The method used here was the deductive one, using pertinent bibliographical data, besides the analysis of the divergent decisions of the Brazilian labor courts