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Expert Explains In Which Situations Stability Guarantees Return To Employment, Retroactive Salaries, And Even Moral Damages In Case Of Illegal Dismissal.
The stability is one of the main protections provided in Brazilian labor legislation, but many workers do not know when they actually have the right to it. In specific situations, the company cannot dismiss the employee without cause, and if this occurs, it may be required to reintegrate the employee and pay relevant indemnities.
According to lawyer Ricardo Azevedo, a specialist in social security and labor law, there are clear cases in which dismissal is considered null, guaranteeing the worker not only a return to the position but also the receipt of overdue salaries and, in some cases, compensation for moral damages.
What Is Temporary Stability
Temporary stability is the temporary job guarantee in specific situations provided by law.
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Unlike definitive stability, which is practically extinct in Brazil, this protection has a determined period.
Those who are irregularly dismissed during this period have the right to immediate reinstatement, payment of all salaries during the absence, maintenance of stability until the end of the period, and compensation for moral damages, when applicable.
“Stability is a right that is often unknown but essential to protect the worker from arbitrary dismissals.”
A lack of information causes many individuals to sign terminations without questioning the legality of the dismissal.
Five Situations Where Stability Is Guaranteed
1. Pregnant Employee
The protection of pregnant employees begins from the date of conception and extends until five months after childbirth, as provided by the Constitution and the CLT.
This applies even if the company was unaware of the pregnancy at the time of dismissal. Many female workers manage to reverse dismissals after proving the pregnancy through medical examination.
In this scenario, reinstatement is almost automatic, and the company may be held liable for the payment of retroactive salaries and moral damages, as the protection is constitutional in nature.
2. Work Accident
The worker who suffers a work accident is entitled to 12 months of stability after receiving medical clearance.
This period is guaranteed even in cases of seemingly minor accidents, as long as they resulted in an absence of more than 15 days.
According to Ricardo Azevedo, it is essential to report the accident to the INSS and the company to ensure protection.
If there is dismissal during this period, the employee may be reinstated and receive all salaries related to the period of absence.
3. Union Leader
Union leaders elected have stability from the registration of their candidacy until one year after the end of their term.
This protection applies to presidents, vice-presidents, secretaries, treasurers, and other members of the union board.
Even candidates who are not elected may be entitled to temporary stability. The condition is that the company has been formally notified about the candidacy or election.
Dismissing without just cause during this period can lead to significant indemnities.
4. CIPA Member
Workers elected to the Internal Commission for Accident Prevention (CIPA) also have stability, from the registration of their candidacy until one year after the end of their term. The protection covers both full members and alternates.
The law protects these employees because they assume responsibilities related to workplace safety.
A dismissal without just cause during this period may require the company to reinstate the worker and pay all retroactive salaries.
5. Protections In Collective Agreements
Some categories acquire additional stability through collective agreements or accords. Among them, there may be protection in the last years before retirement or in business reorganizations.
Since there is no general law for these cases, each sector may have its own rules.
This is why it is essential to consult the union and verify the collective agreement of the category to understand if there is a right to stability.
What To Do If Dismissed During Stability
If the dismissal occurs, the first step is to not sign the termination without reservations. It is advisable to record that the signature was made “with reservations” and gather evidence of the situation, such as medical exams, election minutes, or work accident documents.
Next, the worker should seek immediate assistance from a union or labor lawyer and file a legal action.
The deadline to file a complaint is two years after dismissal, but the sooner the request is made, the greater the chances of success in reinstatement.
The stability is a right that can prevent significant losses for the worker and ensure security in delicate moments, such as pregnancy, work accidents, or union activities.
Knowing these rules is essential to not passively accept an irregular dismissal.
And you? Have you ever gone through a stability situation or know someone who faced this problem? Do you think these rules protect or disrupt the job market?
Leave your opinion in the comments; we want to hear the experiences of those who live this in practice.
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