PROTEÇÃO AO TRABALHO DAS EMPREGADAS GESTANTES NA PANDEMIA: UMA ANÁLISE DA APLICAÇÃO JUDICIAL DA LEI Nº 14.151/2021 QUANTO AO ÔNUS SALARIAL

Abstract

In view of the serious crisis of a planetary dimension resulting from the Covid-19 pandemic and, as well as from the legal changes that govern labor relations, the implications for labor relations around pregnant employees are privileged, delimiting to the Law n. 14,151, of May 12, 2021, which provides for the mandatory removal of the pregnant employee from face-to-face work activities and the possibility of distance labor regimes, without prejudice to her remuneration, focusing on the normative omission in relation to the person responsible for the burden salary. This study has the general objective of analyzing the legal implications in relation to the salary burden of pregnant employees who are away from face-to-face activities that are incompatible with teleworking, as required by Law n. 14.151/2021 in the confrontation with Covid- 19. As for the methodology, it is a qualitative research, which uses the hypothetical- deductive method and, in relation to the objectives, it is classified as exploratory. The results obtained indicate that the gap in Law n. 14.151/2021 fosters jurisprudential divergences around the person responsible for bearing the salary payment of the pregnant employee with their professional activities incompatible with distance work. It can be concluded that, in view of the gaps and omissions of the law and based on the documentary analysis of the jurisprudence on the matter, in the understanding of the Courts, given the mandatory removal of pregnant employees from face-to-face activities during ESPII arising from SARS-CoV-2, and the omission regarding the salary burden in Law n. 14.151/2021, in cases of incompatibility with distance work, the salary burden is the responsibility of the INSS, qualifying in the list of social security rights, releasing the employer from this labor responsibility.