The Regional Labor Court of the 4th Region recently upheld the dismissal for just cause of a worker who was absent for more than 30 days without providing justification, only informing of her pregnancy later. The case has drawn the attention of the business community because it involves the delicate balance between the right to temporary job security for pregnant women and the employee's duty to promptly communicate her condition, under penalty of being considered job abandonment.

The decision highlights that job security during pregnancy is not absolute, as it depends on the employee fulfilling basic obligations, such as attending work or immediately submitting documents justifying any absence. In this case, the medical certificates were submitted with a significant delay, and the Court considered that the prolonged absence, without any communication, constituted serious misconduct. Therefore, the company was able to terminate the contract for just cause, without reinstatement or payment of severance pay normally guaranteed in cases of pregnancy.

For companies, this precedent reinforces the need for clear policies for controlling and communicating absences. Although the legal system protects pregnant women against arbitrary dismissal, this protection cannot be used as a shield for unjustified absences or breach of contractual duties. This means that, provided there is adequate documentation and records of attempts to contact the employee, dismissal for just cause can be upheld even in the face of the job security provided by law.

In this scenario, managers and Human Resources departments must pay extra attention. It is essential that, upon the first unjustified absences, the company formalizes communication with the employee, recording notifications, contacts, and summons. This preventative approach not only legally protects the organization but also demonstrates good faith in the handling of the employment relationship. Maintaining accessible internal communication channels, as well as periodic training for supervisors, is also recommended to avoid loopholes that could be exploited in potential litigation.

Our firm closely monitors the latest developments in Labor Law and offers specialized support to companies that wish to structure effective internal policies and reduce the risk of lawsuits. We have a team prepared to assist HR managers and directors in implementing preventive practices, drafting internal regulations, and conducting complex litigation. If your company seeks legal security and tailored solutions for sensitive situations such as pregnancy-related job security and job abandonment, contact us. We are ready to advise you with experience, technical precision, and a focus on protecting your business.