Labour Law Consolidation - Brazil

"Consolidaçao das Leis do Trabalho"

Under article 373A of this law are found the following relevant prohibitions:

• Publication of employment advertisements which discriminate on the grounds of, amongst other things, sex and family situation, unless required by the nature of the employment.

• Refusal of employment and promotion and dismissal motivated by grounds which include sex and familial status (including pregnancy), except in the case of incompatibility with the nature of the employment.

• Making grounds such as sex or family situation a factor in determining remuneration, training or professional advancement.

• Employers requiring the presentation of sterilization or pregnancy certification or examination as a requirement for obtaining or remaining in employment.

• To have subjective requirements which restrict access to employment in private enterprises for reasons which include sex and family situation (including pregnancy).

• To conduct intimate examinations of employees.

Affirmative Action

The Act includes provisions which, despite the above provisions, allow temporary measures to establish policies designed to correct inequalities that affect women’s access to employment, vocational training and their general terms and conditions of employment.

Under article 376 of the Law, a woman’s working day may be extended to up to 12 hours in cases of force majeure. It is forbidden for women to work for a period of 24 hours when this coincides totally or in part with a Sunday.

Article 389(1) requires employers to provide a creche for children being nursed in establishments employing 30 or more women over the age of 16 years (but note the provisions of Legislative Decree No. 229/1967 which authorises employers to replace this system with creche reimbursements, irrespective of the number of women employed.). Note also 7.XXV. of the Constitution.

Other relevant provisions may be summarised as follows:

• Article 390B requires training courses run by government, employers and other teaching bodies to be available to employees of both sexes.

• Article 390D makes provision for projects, agreed to by training bodies, public bodies and unions, to encourage employment of women.

• Under article 392, pregnant workers may transfer from work that is prejudicial to their health to another kind of work without loss of wages and other rights, and have the right to be reinstated to their former position when they return to work. Protection from dismissal due to pregnancy is given from the date that the pregnancy has been reported to the employer until 5 months after confinement. If the employee is dismissed she must be reinstated and paid back pay. In addition, pregnant employers have the right to leave work for the time required to undergo at least six medical consultations, as well as any additional required examinations.

• Article 461 provides for equal pay for work in the same undertaking and place in relation to work that has the same function, productivity and technical sophistication.

• Nursing Breaks - two periods of half an hour each day for children up to the age of 6 months.