punishment for those who violate the equal pay rule

The Senate plenary approved, this Thursday (1st), a bill authored by the Lula government that tries to guarantee equal pay between men and women, already provided for by law, with the imposition of higher fines in case of non-compliance. . For economists, the measure could inhibit the hiring of women due to the companies’ fear of labor complications.

Currently, the Consolidation of Labor Laws (CLT) determines the payment of salary differences plus a fine of 50% of the benefit limit of the General Social Security System (R$ 3,753.74 in current values) in case of proven discrepancies in the earnings of men and women with the same role in a given company.

The proposal approved in the Senate provides, in addition to the payment of salary differences, a fine of ten times the highest salary paid by the employer. In addition, it establishes compensation for moral damages to the injured employee. Under the terms of the bill, companies with more than 20 employees must periodically publish the so-called “salary transparency reports”, which must be used to determine any violations of the rule. If you fail to submit the report, the fine to the employer will be five times the highest salary paid by the company, increased by 50% in case of recurrence.

The text passed in a symbolic vote, only with the opposition of the only senator of Novo, Eduardo Girão (Novo-ES), the only party that guided against the matter. For Novo, in addition to the rule already existing with proportional punishment, the increase in fines may lead companies to avoid hiring women.

“Under the terms of this law, I, as a businesswoman, would see more advantage in hiring men. This will take many women out of the job market and, as a woman, I am outraged by the approval of such a stupid law”, said deputy Adriana Ventura Novo-SP), in an interview with Gazeta do Povo.

“It is a demagogic PL that was exploited by the government in March, on women’s day. The government claims that it was based on the IBGE study [que aponta que, no Brasil, mulheres ganham cerca de 20% a menos do que homens]. But there are reasons for this difference – sometimes because we have less time to work due to double shifts, different choices or, in some cases, not working as much overtime,” he said.

As it has already been approved by the Chamber, the project will go on to be sanctioned by President Lula.