Although the company has the right to fire an employee for no apparent reason, certain factors can prevent this from happening. The pregnancy of an employee is one of them, and it can happen that she is discovered by the company only after the dismissal has already been terminated. If that is the case, it will be necessary to reinstate her, that is, put her back to work. See below how to act:
pay for days not worked
The entire period of the employee without working will need to be paid, as she was prevented from working by the company itself. As the dismissal took place, deduct only the amount that was paid to her with the termination (up to 30% of the total remuneration).
Request the FGTS return
If the dismissed employee has already withdrawn the money from the FGTS, including the 40% fine, ask her to return the amount to Caixa after filling out the RDF – Rectification with FGTS return – and deliver to an agency. You will also need to do an RDT – Worker Data Correction – correcting your employment data.
Put the employee to work again
Once everything is settled, the worker should go back to work without any problem. You won’t have to pay fines for the mess.
avoid problems in the future
Despite not being something serious, the dismissal of a pregnant employee usually causes unnecessary headaches and can even create a liability that generates moral damages if she believes she was embarrassed. One way to encourage the pregnancy to be announced as soon as possible is to offer some benefits, such as Kit Enxoval and Kit Neném, and offer these kits only to those who communicate about pregnancy as soon as possible. This is a common practice in many companies, with relatively low cost and can help your company improve the climate with pregnant employees!
Interested in the subject? We also have an eBook that goes into more details about dealing with pregnant employees! Click here to download free.
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