English

THE COURT UNIFIES THE JURISPRUDENTIAL RULES IN THE MATTER OF PROTECTION REINFORCED TO MOTHERHOOD IN THE WORKPLACE, WHICH MUST BE APPLIED IN ALL THE CASES IN WHICH A WOMAN IS FALLED DURING THE PERIOD OF PREGNANCY OR LACTATION

 

The Court proceeded to establish criteria that take into consideration the knowledge of pregnancy by the employer and the mode of work, emphasizing that in order to dismiss a woman in these circumstances, the employer must show that a just cause is involved and that she has the permission of the competent administrative authority. The protection measures adopted consist of: the recognition of benefits in the area of ​​social security in health, up to the moment in which the woman acquires the right to claim the economic benefit of maternity leave; the reinstatement order of the pregnant woman or the renewal of her contract, whenever possible; and in some cases the compensation provided for in article 239 of the C.S.T.