companies have until Friday (8) to inform the government

Companies with 100 or more employees have until next Friday (8) to send the “Salary Transparency and Remuneration Criteria Report” to the Ministry of Labor and Employment (MTE). The submission deadline, provided for in Ordinance No. 3,714, which regulates the so-called “law on equal pay between men and women”, would end on February 29, but was extended, according to the MTE, due to instability in the system.

Information about the companies’ remuneration criteria and internal equality policies must be sent through the Emprega Brasil portal. The MTE will be based on the criteria provided and the data sent monthly through the e-Social system to prepare a “salary transparency report” that must be widely disseminated on the website or institutional channels of each organization between March and September. The periodic publication of the document aims, according to the MTE, to elucidate possible violations of salary equity.

If the employer fails to provide the information or disclose the report, it will be fined an amount equivalent to 3% of the payroll, limited to 100 minimum wages. If situations of wage discrimination are found, the fine will be ten times the minimum wage, in accordance with article 461 of the Consolidation of Labor Laws (CLT). The value will be increased by 50% in case of recurrence. Furthermore, the law establishes compensation for moral damages to the injured employee.

The ministry informs that the report will classify employees using the groups from the Brazilian Classification of Occupations (CBO), without identification of salaries, only percentages. This, according to the department, will preserve the identity of workers, as provided for in the General Data Protection Law (LGPD).

Labor market experts consider that the impositions should increase bureaucracy expenses and expose reputable companies to legal risks and damage to their reputation.