The objectivity of the text of Law No. 14,151 / 2021, sanctioned yesterday by the President of the Republic and which provides for the removal of the pregnant maid from face-to-face activities during the pandemic, opened margin at some questions by employers.
At the beginning, it is highlighted that Law No. 14.151 / 2021 states that the removal of the pregnant woman from the face-to-face activities during the pandemic period is not the college of the maid or the employer, which is why, when it has a science of the pregnancy state , should proceed in the suspension of face-to-face activities, regardless of whether the worker has been vaccinated or not.
It is also highlighted that, contrary to previous laws that made mention of the State of Public Calamity recognized by Legislative Decree No. 06, March 2020, Law 14,151 / 2021 provides that the distance from the pregnant woman from the face-to-face activities It should occur "during the emergence of public health of national importance arising from the new coronavirus." This provision does not allow an objective criterion for the period in which pregnant women will be prevented from developing face-to-face activities in the establishment of the employer.
In addition, there will also be doubts about the situation of pregnant women who have had their suspended work contracts as forecast the provisional measure 1,045, published just over two weeks. This is because, depending on the salary perceived by such employees, the suspension of the employment contract has lossed losses in their remuneration. Accordingly, the literal interpretation of the text of Law 14,151 / 2021 would indicate the need for the employer to articate with the values equivalent to the difference between the value perceived during the contractual suspension and the remuneration paid to the worker during the regular validity of the contract.
Thus, the detailed analysis of the elements that make up the workers of the workers are important in order to identify best practices for each concrete case.
Carpena Advogados is available to heal any doubts about the theme.
