The 13 labor rights of women
11 de December de 2024, às 22:25
Qualitare
By Mouzalas ADV
With great effort and struggle, women have acquired specific rights and currently, we can say that we are living in the "promotional" phase of women's rights, seeking to achieve equality between the genders, based on the differentiated treatment that they deserve when considering their biological differences in relation to men.
Did you know that women have the right to...
1- Compulsory granting of a minimum rest break of 15 minutes before the start of an overtime period;
Art. 384 - In the event of an extension to normal working hours, a rest break of at least 15 (fifteen) minutes shall be compulsory before the start of the overtime period.
2 - Limitation on the use of physical force. The maximum limit is 20 kilos for continuous work or 25 kilos for occasional work;
Art. 390 - Employers are prohibited from employing women in services that require the use of muscular strength exceeding 20 (twenty) kilos for continuous work, or 25 (twenty-five) kilos for occasional work.
3 - No dismissal on the grounds that the woman is married or pregnant;
Art. 391 - The fact that a woman has contracted marriage or is pregnant does not constitute just grounds for terminating her employment contract.
4 - Guaranteed job stability from confirmation of pregnancy until five months after childbirth, even in the course of prior notice;
Art. 391-A. Confirmation of pregnancy during the course of the employment contract, even during the period of prior notice, whether worked or not, guarantees the pregnant employee the provisional stability provided for in subparagraph b of item II of art. 10 of the Transitional Constitutional Provisions Act.
5 - Maternity leave of 120 days, without prejudice to employment and salary;
Art. 392. A pregnant employee is entitled to maternity leave of 120 (one hundred and twenty) days, without prejudice to her job or salary.
6 - Permission to extend maternity leave by up to two weeks, before or after childbirth, by means of a medical certificate;
Art 392 § 2 The rest periods, before and after childbirth, may be increased by 2 (two) weeks each, by means of a medical certificate.
7 - Possibility of termination of contract, with waiver of notice, when the work performed is harmful to pregnancy;
Art. 394 - With a medical certificate, a pregnant woman may break off the commitment resulting from any employment contract, provided that it is harmful to her pregnancy.
8 - Transfer of function, when health conditions so require, ensuring that the previously exercised function is resumed as soon as the woman returns to work;
Art. 392, § 4 The employee is guaranteed, during pregnancy, without prejudice to salary and other rights:
I - transfer of position, when health conditions so require, with the employee being guaranteed to return to the position previously held as soon as she returns to work;
9 - exemption from working hours for the time necessary to attend at least six medical appointments and other complementary examinations;
Art. 392, § 4 The employee is guaranteed, during pregnancy, without prejudice to salary and other rights:
II - exemption from working hours for the time necessary to attend at least six medical appointments and other complementary examinations.
10- Maternity leave of 120 days in the event of adoption or obtaining legal guardianship;
Art. 392-A. An employee who adopts or obtains legal custody for the purpose of adopting a child shall be granted maternity leave under the terms of Article 392.
§ 4 Maternity leave shall only be granted upon presentation of the court order of guardianship to the adopter or guardian.
11- The right to a two-week paid rest period, with the right to return to the position she held prior to her leave being guaranteed in the event of a miscarriage;
Art. 395 - In the event of a non-criminal miscarriage, proven by an official medical certificate, the woman shall have a paid rest period of 2 (two) weeks, and she shall be guaranteed the right to return to the position she held prior to her absence.
12 - Two special breaks, of half an hour each, to breastfeed her child, until it is six months old. The law also grants an extension of this 6-month period if the child's health requires it;
Art. 396 - In order to breastfeed her child until it is six (6) months old, a woman shall be entitled to two (2) special breaks of half an hour each during the working day.
Single paragraph - When required by the health of the child, the period of 6 (six) months may be extended, at the discretion of the competent authority.
13 - Obligation for establishments to maintain a suitable place where employees can leave their children during the breastfeeding period when they have at least 30 women over the age of 16;
Art. 389: 1º - Establishments in which at least 30 (thirty) women over 16 (sixteen) years of age work shall have an appropriate place where female employees may keep their children under supervision and assistance during the breastfeeding period.
§ 2º - The requirement of § 1º may be met by means of district crèches maintained, directly or through agreements, with other public or private entities, by the companies themselves, on a community basis, or under the responsibility of SESI, SESC, LBA or union entities.
Law Firm | Lawyers | João Pessoa | Campina Grande | Sousa | Paraíba
With great effort and struggle, women have acquired specific rights and currently, we can say that we are living in the "promotional" phase of women's rights, seeking to achieve equality between the genders, based on the differentiated treatment that they deserve when considering their biological differences in relation to men.
Did you know that women have the right to...
1- Compulsory granting of a minimum rest break of 15 minutes before the start of an overtime period;
Art. 384 - In the event of an extension to normal working hours, a rest break of at least 15 (fifteen) minutes shall be compulsory before the start of the overtime period.
2 - Limitation on the use of physical force. The maximum limit is 20 kilos for continuous work or 25 kilos for occasional work;
Art. 390 - Employers are prohibited from employing women in services that require the use of muscular strength exceeding 20 (twenty) kilos for continuous work, or 25 (twenty-five) kilos for occasional work.
3 - No dismissal on the grounds that the woman is married or pregnant;
Art. 391 - The fact that a woman has contracted marriage or is pregnant does not constitute just grounds for terminating her employment contract.
4 - Guaranteed job stability from confirmation of pregnancy until five months after childbirth, even in the course of prior notice;
Art. 391-A. Confirmation of pregnancy during the course of the employment contract, even during the period of prior notice, whether worked or not, guarantees the pregnant employee the provisional stability provided for in subparagraph b of item II of art. 10 of the Transitional Constitutional Provisions Act.
5 - Maternity leave of 120 days, without prejudice to employment and salary;
Art. 392. A pregnant employee is entitled to maternity leave of 120 (one hundred and twenty) days, without prejudice to her job or salary.
6 - Permission to extend maternity leave by up to two weeks, before or after childbirth, by means of a medical certificate;
Art 392 § 2 The rest periods, before and after childbirth, may be increased by 2 (two) weeks each, by means of a medical certificate.
7 - Possibility of termination of contract, with waiver of notice, when the work performed is harmful to pregnancy;
Art. 394 - With a medical certificate, a pregnant woman may break off the commitment resulting from any employment contract, provided that it is harmful to her pregnancy.
8 - Transfer of function, when health conditions so require, ensuring that the previously exercised function is resumed as soon as the woman returns to work;
Art. 392, § 4 The employee is guaranteed, during pregnancy, without prejudice to salary and other rights:
I - transfer of position, when health conditions so require, with the employee being guaranteed to return to the position previously held as soon as she returns to work;
9 - exemption from working hours for the time necessary to attend at least six medical appointments and other complementary examinations;
Art. 392, § 4 The employee is guaranteed, during pregnancy, without prejudice to salary and other rights:
II - exemption from working hours for the time necessary to attend at least six medical appointments and other complementary examinations.
10- Maternity leave of 120 days in the event of adoption or obtaining legal guardianship;
Art. 392-A. An employee who adopts or obtains legal custody for the purpose of adopting a child shall be granted maternity leave under the terms of Article 392.
§ 4 Maternity leave shall only be granted upon presentation of the court order of guardianship to the adopter or guardian.
11- The right to a two-week paid rest period, with the right to return to the position she held prior to her leave being guaranteed in the event of a miscarriage;
Art. 395 - In the event of a non-criminal miscarriage, proven by an official medical certificate, the woman shall have a paid rest period of 2 (two) weeks, and she shall be guaranteed the right to return to the position she held prior to her absence.
12 - Two special breaks, of half an hour each, to breastfeed her child, until it is six months old. The law also grants an extension of this 6-month period if the child's health requires it;
Art. 396 - In order to breastfeed her child until it is six (6) months old, a woman shall be entitled to two (2) special breaks of half an hour each during the working day.
Single paragraph - When required by the health of the child, the period of 6 (six) months may be extended, at the discretion of the competent authority.
13 - Obligation for establishments to maintain a suitable place where employees can leave their children during the breastfeeding period when they have at least 30 women over the age of 16;
Art. 389: 1º - Establishments in which at least 30 (thirty) women over 16 (sixteen) years of age work shall have an appropriate place where female employees may keep their children under supervision and assistance during the breastfeeding period.
§ 2º - The requirement of § 1º may be met by means of district crèches maintained, directly or through agreements, with other public or private entities, by the companies themselves, on a community basis, or under the responsibility of SESI, SESC, LBA or union entities.
Law Firm | Lawyers | João Pessoa | Campina Grande | Sousa | Paraíba
