Brazilian labor legislation protects some specific categories of workers, ensuring that they cannot be dismissed
Not all employees can be dismissed without cause, and knowing these cases is essential to guarantee rights in the workplace.
Whether you are an employee who wants to better understand your job safety or an employer who needs to follow the rules correctly, being well informed is crucial to avoiding future problems.
After all, Brazilian labor legislation protects some specific categories of employees, ensuring that they cannot be dismissed arbitrarily.
6 types of employees that cannot be dismissed
1. Pregnant women
First, you should already know this rule. Protection for pregnant employees is one of the best known labor rights.
From the moment pregnancy is confirmed up to five months after delivery, dismissal without cause is prohibited.
Thus, this rule ensures safety for the employee and the baby, allowing them to have stability in this important period.
2. CIPA members
If an employee is elected to the Internal Accident Prevention Commission (CIPA), he has guaranteed stability.
That is, the protection begins at the time of the candidacy and extends for a year after the end of the term.
This measure, therefore, seeks to encourage safety in the workplace, avoiding retaliation by the employer.
3. Rugged or with occupational disease
Employees suffering occupational accidents or develop occupational diseases also have special protection.
After returning to work, they have guaranteed stability for 12 months.
This ensures that the worker has enough time to recover without fear of losing his job.
4. Bearer of serious illnesses
Employees diagnosed with serious diseases have protection against arbitrary dismissal.
This means that the person has time to treat himself without the pressure to lose his source of income.
Thus, this stability seeks to ensure more dignity and support at a difficult time.
5. Employees in pre-retirement period
Many collective conventions establish stability for employees close to retirement.
That is, within a specific period before reaching the requirements to retire, employers cannot dispense with the worker without cause.
So if you are close to this moment, it is worth checking out your collective agreement to better understand your rights.
6.
Finally, those who represent the professional category in unions also have guaranteed stability.
Employers cannot dismiss the union leader throughout the term of office and for a year after its end.
Thus, this right is essential to guarantee union freedom and the defense of workers’ interests.
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