Magistratura Do Trabalho CSJT Practice Questions - Concurso Nacional Da Magistratura Do Trabalho (CSJT TST) Exam

Access More Questions

A female employee was dismissed without just cause during her probationary period (contrato de experiência). Two weeks after dismissal, she discovered that she had conceived prior to the termination notice. Applying the jurisprudence of the Superior Labor Court (TST Súmula 244) and the Federal Supreme Court (STF Tema 497), what are her employment rights?

She has no right to provisional job stability because temporary and probationary fixed-term contracts are incompatible with maternity stability. She is entitled to provisional job stability from pregnancy confirmation until 5 months post-childbirth, as objective pregnancy during the contract is sufficient regardless of whether the contract is fixed-term or probationary. She is entitled only to statutory severance pay without reinstatement, because the employer lacked knowledge of the pregnancy at the time of dismissal. She is entitled to stability only if she gave written notification to the employer before the contractual expiration of the probationary term.

Correct Answer:

She is entitled to provisional job stability from pregnancy confirmation until 5 months post-childbirth, as objective pregnancy during the contract is sufficient regardless of whether the contract is fixed-term or probationary.

Access more questions from this quiz

Continue to Magistratura do Trabalho CSJT Practice Questions - Concurso Nacional da Magistratura do Trabalho (CSJT TST) Exam for more practice questions and the full quiz experience.

Access More Questions