Radiology Clinics: pregnant women

Ordinance No. 453 of June 1, 1998, of the Ministry of Health, which deals with the basic guidelines for radiological protection in medical and dental radiology, provides for the use of diagnostic x-rays throughout the national territory and other measures, not provides for the compulsory removal of the pregnant employee.

In this sense, the pregnant woman can, in theory, work normally, provided that the provisions of item 2.13 of said Ordinance are observed:

(b) For pregnant women, the following additional requirements shall be met to protect the embryo or fetus:

(i) the pregnancy must be notified to the service holder as soon as it is found;

(ii) working conditions should be reviewed to ensure that the dose on the surface of the abdomen does not exceed 2 mSv throughout the remaining period of pregnancy, making it unlikely that the additional dose in the embryo or fetus will exceed about 1 mSv in this period.

Item 32.4.4 of Regulatory Standard 32 (NR32), which deals with safety and health at work in health services, states that “every worker with a confirmed pregnancy should be removed from activities with ionizing radiation and should be relocated to activity compatible with your level of education ”.

Given the small amount of radiation allowed by the Ministry of Health, aiming to fully protect the health of pregnant women and the fetus and, still, in view of the notorious paternalism of the Labor Court, it is still recommended to remove the employee from her current role. even express and proven release by the competent physician (all of course, if their function is linked to the end activity of the clinic).

The law guarantees the pregnant employee the right to change her duties without prejudice to her remuneration (CLT, article 392, § 4, I).

In the same vein, article 468 of the CLT provides for the immodifiability of the employment contract, whereby the clauses initially contracted cannot be changed.[1].

Thus, because of the principle of wage reduction, especially in the case of pregnant women with stability, and in view of the aforementioned protectionism existing in the Labor Court, it is prudent that the remuneration of pregnant employees who may be removed from their initial duties should be maintained in full - including the compensation inherent to the compensation.


Alan Skorkowski
CBR legal advice


[1] In Case No. 00200-2014-004-09-00-2, by way of illustration, TRT-9 expressed an understanding as follows: “Women who are at risk and are relocated during pregnancy should continue to receive additional unhealthy because they are entitled to their labor rights ”.

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Thiago Braga

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