CONSTITUTIONAL COURT DECISION | Judgment no. 12/2025
Judgment no. 12/2025 of 7 February 2025 addressed the remedial regime for dismissals prohibited by mandatory law under the so-called “Jobs Act” of 2015.
The Court rejected an interpretation that would confine reinstatement to provisions expressly declaring a dismissal null. A mandatory prohibition may carry the same consequence even if the drafting does not use that formula.
This is important in pregnancy, family leave, discriminatory situations and other protected contexts. A commercially understandable reason does not cure a dismissal issued during a prohibited period or for an unlawful ground.
Before any termination, the employer should run a protected-status check separate from the merits analysis. Managers should be asked about leave, health, complaints and recent protected activity, and the result should be recorded before notice is given.