Law No. 14,611/2023 was enacted, guaranteeing equal pay between men and women performing the same role.
The legislation provides for the possibility of filing a claim for compensation for moral damages in cases where there is discrimination based on sex, race, ethnicity, origin or age, in addition to the payment of the salary differences due.
The aforementioned legislation modifies the Consolidation of Labor Laws (CLT) and determines a fine of ten times the salary owed by the employer to the discriminated employee, which may be doubled in the event of a repeat offense.
Furthermore, in order to avoid non-compliance with the new salary equalization rule, there is a provision for the publication of a salary transparency report for companies with 100 or more employees, containing information that allows for the comparison between the salaries practiced in the company, the proportion of management positions occupied by men and women and possible inequalities between race, ethnicity, nationality and age.
In cases where wage inequality is identified, companies must create action plans to resolve the issue, with targets and deadlines, enabling the participation of trade unions in the process.
If the new provisions are not complied with, there is also the possibility of applying an administrative fine corresponding to up to 3% of the employer’s payroll, limited to one hundred minimum wages.
