A instabilidade provisória da empregada gestante nos contratos de trabalho por tempo determinado.

Abstract

This study aims to analyze the stability of us pregnant maid employment contracts for a determined period, which is an important guarantee which aims at the protection of pregnant women and the unborn child. To this end, we used a vast textual content on the subject, with case law doctrines, analysis and scientific articles. Where, it is observed that after much debate if it was assured the stability the maid in fixed-term contracts or not, the Tribunal Superior do Trabalho, based on decisions taken by the Supreme Court, altered the understanding of paragraph III, of the Precedent paragraph 244, extending such guarantee also for the maids hired for a determined period, contrary to what was previously provided for in item. In order to ensure the constitutional protections for pregnant women, to life and to the unborn, however, notes that the amendment raises a very strong negative effect, vis-à-vis entrepreneurs, since these lose their contractual legal certainty on the excessive protection, becoming a discouraging and discriminatory motive for hiring women on these types of employment contract.