In the event of the illiquidity of a temporary services company, the worker on assignment with maternity leave faces enormous difficulties in achieving the effective enjoyment of her fundamental rights, a situation that in practice renders her invisible, dehumanizes her, objectifies her and subjects her to hardship under the irresponsible gaze of the user company, the passivity of the jurisprudence and the lack of specific regulations that regulate the matter. In light of this reality, using a methodology with a qualitative approach of a hermeneutic type, based on the interpretative analysis of current regulations and jurisprudence applicable in the matter, as well as participatory legal practice, and interviews with managers and legal areas, this chapter proposes to verify whether, given the illiquidity of the EST, any of the current labor alternatives effectively allow the guarantee of the fundamental rights of the worker on assignment with maternity leave. The current regulations and jurisprudence are then examined in depth to show that there is no labor alternative that offers an effective solution to the worker on assignment with maternity leave in the event of the illiquidity of the temporary services company. However, from a solidarity perspective, a labor alternative is proposed whereby the user company is the protagonist and guarantor of the maternity leave of the worker on assignment, taking as a support the contractual custom which shows that commercial contracts already establish clauses in this sense, thereby allowing the humanization of temporary service in the face of this constitutional jurisdiction.
