fines, transparency and anti-discrimination

Sanctioned last Monday (03) by the President of the Republic, the new wage equality law amends the 1943 CLT, seeking to implement resources that can guarantee the end of the wage and remuneration gap between genders in Brazil. Among the amendments made is the increase in fines, the obligation of companies to be transparent and the creation of anti-discrimination projects.

Salary and remuneration equality between men and women was already provided for in article 461 of the CLT since 1943, but – according to the Minister of Women, Cida Gonçalves – this regulation guaranteed “very little progress” The fight.

This stagnation, however, was seen by the president Lula Inacio da Silva. The petista not only decided to propose amendments to Article 461, but also placed the new wage equality law on an urgent basis in Congress.

_{President Lula Inácio da Silva when signing the equal wage law. (Photo: Reproduction/GOV).}

The new law seeks, in addition to achieving wage equality among Brazilian workers, to extinguish corporate discrimination – be it gender, race, ethnicity, origin or age – and encourage the professional growth of women, so that they can have the same opportunities than men.

According to the prosecutor of the Public Ministry of Labor, Danielle Corrêa, “what is new is that this law requires a series of obligations from companies”.

One of the obligations of companies refers to fines. According to the law, if discrimination is identified, the company must pay the victim the salary difference due. Payment, however, does not prohibit the discriminated person from claiming compensation for moral damages. In addition, failure to comply with the law will fine the person responsible for the amount of the adjusted salary, multiplied by ten.

The Equal Pay Act also mandates companies with 100 or more employees to publish semi-annual pay transparency reports in order to compare the salaries of employees of different genders.

These documents must indicate, in addition to remuneration, the relationship between men and women in the disposition of director, management and leadership positions.

Another obligation imposed on organizations is the implementation of an action plan, with deadlines and goals, against discrimination – if it is identified.

According to the amendments, channels responsible for receiving wage discrimination complaints will also be created.

Featured photo: Reproduction/Jornal de Brasília.