Companies are considering going to court to avoid having to forward data
\nthat will feed the federal government systems as required by the Equality Act
\nSalary, according to lawyers interviewed by Folha.<\/p>\n
The deadline for submitting the salary transparency and remuneration criteria report
\nwas extended until next Friday (8), but the companies understand that the base
\nof data used in preparing the required reports is fragile, which can create a
\nimpression that the company does not adopt measures to promote gender equality.
\nThe effect, in the end, would be to compromise their public image. According to the law,
\ncompanies with more than one hundred employees must provide information about their
\nframeworks for monitoring gender pay inequality.
\nThe database considered for the report is the CBO (Brazilian Classification of
\nOccupations). In the opinion of lawyer Caio Taniguchi, partner in the area of \u200b\u200bLaw
\nLabor and Social Security of the TozziniFreire office, it is limited by not showing
\npossible reasons for salary differences in the same position, such as time of service
\ncompany, employee specializations, commitment, etc.<\/p>\n
\u201cDespite the criticisms presented about the mechanisms that will be used to
\nto investigate the remuneration received by men and women, there is no discussion of
\nimportance that a law of this magnitude has nowadays\u201d, Gabriela Carvalho,
\nlabor coordinator at PSG Advogados.<\/p>\n
The biggest concern is what they consider to be a lack of clarity about what will be
\nconsidered by the Ministry of Labor and Employment, responsible for supervising the
\ncompanies within the scope of the law and apply fines. Those who do not send the data to the
\nreport will pay an administrative fine of up to 3% on the payroll, with a limit
\nfixed at one hundred minimum wages.<\/p>\n
Taniguchi draws attention to the fact that the preparation of the report will be the responsibility of
\nMinistry of Labor and Employment, and not to companies. This is another point of
\ninsecurity for entrepreneurs.
\nLabor lawyer F\u00e1bia Bertanha, from the Lopes Muniz law firm, also points out that the
\ndata also do not consider points negotiated in collective agreements or standards
\ninternal that may generate salary differences and that would not be discriminatory
\nIn addition to the lack of detail, Manuela Cristina Fernandes Leite, labor lawyer
\nwho coordinates Chiode Minicucci Advogados, highlights that the CBO groups the positions into
\nlarge groups. \u201cThis means a huge variety of positions that often have
\nremunerations that are quite different from each other will be grouped within the same
\n'universe'\u201d, ponders Leite.<\/p>\n
The classification of occupations, according to Taniguchi, from TozziniFreire, was never used to
\ninspection purposes, only for statistical purposes. Therefore, there is no
\ndetailing in this system how existing job structures work.
\nTogether with the Ministries of Labor and Employment and Women, lawyers who
\nserve companies made little progress in trying to answer questions. After a
\nonline transmission made by the departments to deal with the matter, the perception was more
\nproblems.<\/p>\n
One of them, according to Manuela Leite, is the decision of the ministries to use information
\nrelating to the \u201cmedian contractual salary\u201d, the \u201cmedian admission salary\u201d and the \u201csalary
\naverage actually paid\u201d.<\/p>\n
\u201cNone of these definitions are in the legislation. The mathematical question, between averages and
\nmedians, is already quite complex \u2014as they are not easy numbers to find for a
\ncompany,\u201d says the lawyer.<\/p>\n
The Ministry of Labor and Employment was contacted by the report, but has not yet
\nhe responded.<\/p>\n
Companies also fear the effects of disclosing salary and job data,
\nboth for competitiveness between companies, and also because it will allow them
\nemployees compare their salaries based on objective criteria. That's right
\nafter the Ministry of Women ensured that the law does not violate the LGPD (General Law for the Protection of
\nData).<\/p>\n
\u201cIn my opinion, the publication of this data will increase the judicialization of requests
\nof equality and equal pay,\u201d says lawyer Gabriela Carvalho, coordinator
\nlabor law at PSG Advogados.<\/p>\n
When the employee is unique in his\/her role, there is still the risk of easy identification,
\neven if your name is preserved.<\/p>\n
Market Sheet<\/p>\n
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\nsubscribers.<\/p>\n
Salary adjustments based on productivity and meritocracy would also be at risk. As the
\nreport will be widely publicized, companies could avoid these promotions
\nso that they are not later seen as discriminatory.<\/p>\n
For lawyer \u00c9rika Seddon, partner in the firm's Labor and Union practice
\nMattos Filho, companies' concern about reputational damage is legitimate. In
\nher assessment, the report may expose a degree of gender inequality that
\nit really exists, but it appears to be worse than it actually is.<\/p>\n
Legislation addressing pay equity also requires companies to report
\nits policies to promote equality. According to Caio Taniguchi, from TozziniFreire, the
\navailable form has only topics that hinder the release of
\ninformation.<\/p>\n
Lawyers say that although gender inequality exists in companies, there is
\nan effort to adopt practices that reduce disparity.<\/p>\n
\u201cThere\u2019s no point in just chasing companies to adapt their practices
\nwages, while the regulation of paternity leave is still at a standstill
\nNational Congress, for example,\u201d says lawyer Manuela Cristina Fernandes Leite.
\nThe expectation of lawyers who serve companies is that the start of the validity of the
\nlaw serves more as an educational tool rather than a punitive one.<\/p>\n
To Folha, the Minister of Women, Cida Gon\u00e7alvez, said that she does not intend to fine
\ncompanies immediately. According to her, the government wants to see the law complied with at least
\nwith equal pay at the base, that is, in starting salaries in companies.<\/p>\n
Article originally published on February 29, 2024 in Folha de S. Paulo.<\/em><\/p>","protected":false},"excerpt":{"rendered":" Empresas est\u00e3o considerando entrar na Justi\u00e7a para n\u00e3o ter que encaminhar os dados que alimentar\u00e3o os sistemas do governo federal conforme exige a Lei da Igualdade Salarial, segundo advogados ouvidos pela Folha. O prazo para entregar o relat\u00f3rio de transpar\u00eancia salarial e de crit\u00e9rios remunerat\u00f3rios foi prorrogado para a pr\u00f3xima sexta-feira (8), mas as companhias […]<\/p>","protected":false},"author":1,"featured_media":6117,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[116],"tags":[],"class_list":["post-6125","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-na-midia"],"acf":[],"featured_image_src":{"landsacpe":["https:\/\/chiode.com.br\/wp-content\/uploads\/2025\/07\/add10fdef36463b7b0d83bba0fe6ee50-600x445.jpg",600,445,true],"list":["https:\/\/chiode.com.br\/wp-content\/uploads\/2025\/07\/add10fdef36463b7b0d83bba0fe6ee50-463x348.jpg",463,348,true],"medium":["https:\/\/chiode.com.br\/wp-content\/uploads\/2025\/07\/add10fdef36463b7b0d83bba0fe6ee50-300x300.jpg",300,300,true],"full":["https:\/\/chiode.com.br\/wp-content\/uploads\/2025\/07\/add10fdef36463b7b0d83bba0fe6ee50.jpg",600,600,false]},"_links":{"self":[{"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/posts\/6125","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/comments?post=6125"}],"version-history":[{"count":1,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/posts\/6125\/revisions"}],"predecessor-version":[{"id":6220,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/posts\/6125\/revisions\/6220"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/media\/6117"}],"wp:attachment":[{"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/media?parent=6125"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/categories?post=6125"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/tags?post=6125"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}