Law No. 12,812, published on 05/17/2013, modifies the consolidation of labor laws (CLT), adding Article 391a: "Confirmation of the state of pregnancy by controlling in the course of employment contract, Although during the period of prior notice worked or compensated, it guarantees the pregnant employer for the provisional stability provided for in point (b of item II of art. 10 of the transitional constitutional provisions. With the change, the pregnant worker will have employment stability, even if it is in prior notice.

The extension of the right to stability to the pregnant woman at prior notice reflects already consolidated case-law of the Superior Court of Labor in the sense that conception, even during the course of prior notice, will ensure the provisional stability of the pregnant maid. That is, the essential condition for ensuring the pregnant employee stability is the fact that pregnancy has occurred during the employment contract, regardless of the knowledge of the fact by the employer.

The employer who disrespects such a guarantee will affect the compensation for the full period of stability provided for in the Federal Constitution, which is, from confirmation of pregnancy to five months after childbirth. The Jurisprudence of the TST also ensures provisional stability to those employed whose contracts have a determined period for closing. The Understanding was consolidated with inclusion in 2012 of the item III of the Summood number 244.