By Daiane Martins de Carvalho
On the basis of law 13,467, in force since the 11.11.2017 day, the pregnant or lactating Maid was allowed to work in an unhealthy place, which was previously totally forbidden by the CLT.
The changes occurred in article 394-A Of The Consolidation of labor laws, see:
Art. 394-A. Without prejudice to its remuneration, in this included the value of the additional unhealthy, the employee should be removed from:
I-Activities considered unhealthy to a maximum degree, while the pregnancy lasts;
II-Activities considered unhealthy in a medium or minimum degree, when presenting a health certificate, issued by a physician of the woman’s confidence, who recommends the withdrawal during pregnancy;
III-Activities considered unhealthy in any degree, when presenting health attestation, issued by a woman’s trusted physician, who recommends the removal during lactation.
The reformist legislator has started to allow pregnant and lactating workers to laborem in an unhealthy place at a medium or minimum level, and the maid will only be removed if the requirements are fulfilled in the aforementioned article’s incises.
Thus, if the pregnant or lactating labore in unhealthy activities of a medium or minimum degree may continue to work in the same place, being allowed to leave only when presenting a health certificate, issued by a doctor of the woman’s confidence, who Recommend clearance during pregnancy.
In relation to the pregnant woman who labore in activities considered unhealthy at maximum level will be entirely forbidden her labor, and should be removed From these conditions. The employee may be displaced for activities of a medium or minimum degree, considering that there is no sealing for the other grades of unhealthy.
Finally, as For the Lactating, the reformist legislator starts to allow the labor in any degree of unhealthy, except when it presents a health certificate, issued by a woman’s trusted physician, who recommends her removal.
It is Noteworthy that in any of the above hypotheses, to the Pregnant or Lactating, there will be no impairment in their remuneration, that is, even with their distancing from unhealthy activity will continue to receive the respective additional unhealthy, in the same degree previously Received.
DANIEL MALDONADO
Lawyer admitted to the Brazilian bar Association since 2015, associate at Kellner Sociedade de Advogados. Post-graduated in criminal Law and Criminal Procedure, by the Instituto Elpídio Donizete.