Court exempts companies from publishing reports on equal pay

The Federal Regional Court of the 6th Region (TRF6) exempted companies from disclosing the biannual transparency and salary equality report. The decision responded to a request from the Federation of Industries of the State of Minas Gerais (Fiemg).

In July last year, the Lula government sanctioned Law 14,611/2023, which determines the sending of reports with information on salaries and programs to encourage the hiring of women by companies with at least 100 employees.

According to the new standard, the survey must be sent by companies every semester. Judge Lincoln Rodrigues de Faria of the 4th Panel of the TRF6, who granted the injunction on the 22nd, considered that the rule “puts at risk the fundamental right to the protection of employees’ personal data and the values ​​of the economic order, embodied in the basis of free enterprise and the principle of free competition”, reported the newspaper Correio Braziliense.

This Monday (25), the Ministry of Labor and Employment (MTE) released the first Salary Transparency and Criteria Report. According to the ministry, there is a salary difference of 19.4% between men and women, indicating that, in positions of directors and managers, the variation can reach 25.2%. This difference rises to 27.9% between black men and women.

The survey covers information provided by 49,500 companies with 100 or more employees. The deadline for publication of reports by companies is March 31st. In case of non-compliance, fines of up to 3% of the payroll value may be applied, limited to 100 minimum wages.