The MTE (Ministry of Labor and Employment) has extended the deadline for
completion of the salary transparency and remuneration criteria report in
compliance with the Equal Pay Law. According to the ministry, the change in the date
occurs due to instabilities in the system.
Companies with more than one hundred employees must provide information about their
frameworks for monitoring gender pay inequality. The data
must be completed in the employer area of the Emprega Brasil portal.
If the company fails to submit the report, it will be required to pay an administrative fine of
up to 3% on the payroll, with a limit set at one hundred minimum wages.
Equal pay legislation requires companies to disclose information
related to employees by completing questions formulated
within the Emprega Brasil portal and complemented with data entered into eSocial.
Market Sheet
eSocial information regarding payroll and remuneration data is
completed every month. The data from the Emprega Brasil Portal regarding policies
internal information of each company must be reported today. Employers should
answer seven questions about workers' income.
Marília Nascimento Minicucci, from Chiode Minicucci Advogados, explains that the form
how the MTE will organize the reports, by large CBO groups (Classification
Brazilian Occupations) and without identification of salaries, will not allow the identification
of individuals or their personal data.
“The format was precisely designed to preserve sensitive information from the point of view of
personal view, such as salary and other amounts that the person receives”, he states.
According to Minicucci, the report will only contain percentages of any differences.
found in the comparison between genres. The submitted documents will be
accompanied by a methodological note explaining the company's income policy.
“Companies will be faced with a very complex situation, after all, they will not be able to
check whether the data used contains any errors or justify any discrepancies
identified.”
Once prepared, the reports will be made available on the Program platform.
Dissemination and Labor Statistics and it will be up to companies to download the document
for dissemination on its communication channels, as required by law.
The salary ratio between men and women should be published between March and
September on the companies' websites and social media. According to the ministry, the intention is
ensure wide dissemination to its employees and the general public.
Despite the measures taken to guarantee data security, companies fear
that the report violates the LGPD (General Data Protection Law).
Luiz Eduardo Amaral, labor lawyer at FAS Advogados, states that the report
may have flaws in relation to the LGPD, even if there is an intention to maintain the
anonymous data.
“It will be easy to identify professionals in certain positions, especially those
strategic, for example, when appointing the CBO of HR manager or financial director; it is
It is likely that the company will only have one professional in each of these positions.”
After the publication of the report, if gender pay inequality is confirmed, the
employers will be notified and will have 90 days to prepare the so-called “Plan of
Action to Mitigate Wage Inequality and Remuneration Criteria between
Women and Men”.
It is possible to report cases related to gender pay discrimination through the portal
of the MTE or by calling Dial 100 (human rights violation channel), Dial 180 (for
combating violence against women) or Dial 158 (the so-called Alô Trabalho hotline).
What to report in the salary transparency report
The forms to be completed must contain the total number of employees of the
company, separated by sex, race and ethnicity, as well as the positions and values of the
remunerations.
In addition, they must also contain data on the values of all
remunerations including:
- contractual salary
- 13th salary
- commissions
- overtime
- night shifts
- unhealthiness supplement
- paid weekly rest
- tips
- holiday third
- worked notice period
- other remuneration provided for in collective labor agreements
The MTE may request additional information for inspection purposes and
registration confirmation.
Article originally published on February 29, 2024 in Folha de S. Paulo.
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