One of the most controversial stretches that integrated the project of this law (PLC 76/14), a device that ensured the employee the full payment of the salary, even with the additional unhealthy, ended up being vetoed. It was a real absurdity, since it was an incoherent measure that would even start firms. Wisely was withdrawn from the text, which added Article 394-A of CLT, remaining: "The pregnant or lactating maid will be removed while luring gestation and lactation, of any activities, operations or unhealthy sites, and should exercise its activities in place Salubre ".
In fact, the measure is fair because now workers can guarantee a better future for their children, either by non access to bacteriological agents, environmental effects, chemical components and other activities they are not intentionally pass on to their children, which is not discussed. However, the new rule does not induce the employer to keep the employee, in his departure, perceiving the same salary (with the additional unhealthy).
Thus, the workers who are pregnant or lactating should be removed from any activities in operations or unhealthy sites. If they are not transferred and / or remote from the place where there may be contact with eventual unhealthy agent, it may be in case of indirect termination of the employment contract and possible request for moral damages, in addition to the possibility for the company to be assessed by the Ministry Work public (MPT).
However, it is not yet clear what the rules will be that the supervisory bodies will use for such a control. The MPT, in turn, did not edit any guidance on such a rule. What is known is that the removal of the maid, in these cases, should occur through medical proof and other guarantees necessary for the employer to not be injured, nor the maid itself.
