A interrupção do contrato de trabalho como garantia integral à manutenção do vínculo trabalhista da mulher vítima de violência doméstica

Abstract

Domestic and family violence against women, motivated by gender issues, is the result of a long history of subjugation of the female figure. In Brazil, the so-called “Lei Maria da Penha” (Federal Law No. 11.340/2006) represents a significant advance in women’s protection, providing, among other measures, the temporary leave from the workplace with job retention for up to six months for victims of domestic violence. However, this legal provision does not specify the party responsible for paying wages during this period, which makes the guarantee incomplete and creates substantial legal debate. Current labor jurisprudence treats this leave as a suspension of the employment contract, exempting the employer from salary payment and obliging the employee to rely on the social security system for support. Nevertheless, the bureaucratic challenges and infrastructural limitations within the social security system place women in a vulnerable situation, resulting in a “social security limbo.” This study proposes classifying this leave as an interruption of service provision, assigning responsibility to the employer for salary payment, thereby ensuring comprehensive protection and removing workers affected by violence from this uncertain scenario. The investigation aims to address why contract interruption is more appropriate in such cases and its implications for the parties involved