Da responsabilidade pelo pagamento do salário-maternidade nas situações de dispensa sem justa causa

Abstract

It analyses the responsibility for the payment of maternity benefit in unfair dismissal. This benefit has a social relevance. During the period of leave it is the source of the mother. The provision is used to provide a healthy growth of the newborn and the physical recovery of the mother. Despite the importance of maternity benefit the insured who was fired in many cases still finds difficult to know who is the responsable: The INSS or the employer. To establish who is responsible it is necessary to observe the labor and social security effects of unfair dismissal. The temporary stability of the pregnant womam and the maintenance of quality of insured of RGPS are examples of these effects. This study aims to observe the constitucional preinciples relating to maternity, social security law, labor law and major decisions of higher courts.