The Federal Supreme Court (STF) unanimously defined that women away from work due to domestic violence are entitled to payment of a benefit from the National Social Security Institute (INSS) for up to six months. In the case of formal workers, payment must be made by the employer within the first 15 days.
Supreme Court ministers established that women who are targets of this type of violence can be removed by court decision. During this period, the employment relationship and salary payment will be maintained.
The payment method will depend on the social security situation of each worker:
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In cases of women who contribute to Social Security, payment must be made by the employer within the first 15 days. Afterwards, it will be up to the National Social Security Institute (INSS) to pay for the benefit;
for informal self-employed workers, the payment will be a temporary assistance benefit, following the provisions of the Organic Social Assistance Law.
In this Monday’s decision, the STF confirmed that it is the responsibility of the State Court to apply the protective measure of absence from work, which is provided for in the Maria da Penha Law.
The ministers had already formed a majority in favor of the vote of the rapporteur, Flávio Dino. However, a request for a review from Minister Nunes Marques postponed the analysis of the case. The question revolved around who would bear the costs of the benefit, and whether it would be of a welfare or social security nature.
The case has general repercussion, that is, the Court’s decision will be applied to similar cases in lower courts.
“In addition to the remuneration itself, it is important to highlight that land and social security payments, the counting of service time and all the consequential aspects of the signed employment relationship must also be maintained, so that the victim of domestic violence is not doubly harmed by the situation in which he finds himself due to circumstances beyond his control. The legal nature of the pecuniary benefit that arises from this protection must observe the victim’s employment and social security relationship at the time of granting the measure”, wrote Flávio Dino in his vote.
