A estabilidade gestacional da adolescente aprendiz à luz da norma constitucional e celetista

Abstract

It aims to work on commenting, addressing the theme, which has repercussions on the lives of young workers who are part of the Adolescent Apprentice Program, as well as repercussing on the daily lives of companies that maintain ties with them through the apprenticeship program. It is emphasized that this right/duty is implicit in the employment relationship. The present work invites the reader to reflect on the conflicts on the subject, and the search for “fair” solutions in face of the practice, or not, of the abuse of the right of the young apprentice who seeks gestational stability, in contrast to the hiring in the modality. of apprentice student. It is hoped, with the approach of the subject and their confrontations, to establish an orientation to employers and employees who are experiencing this situation of our daily lives. With the analysis of the judgment of the matter in the Regional Labor Courts and the Superior Labor Court, it was partially observed the prevalence of the constitutional norm in compliance with the principle of human dignity, in contrast to the celetist norms and contractual definitions