Cesar Peres Dulac Müller logo


Date: 26 de September de 2023
Posted by: CPDMA Team

State affirmative action against discrimination against women in the workplace: equal pay and CIPA+A

Imagem de Grasiele Cheruti, autora do artigo que fala sobre igualdade salarial.

The Law 14.611/2023, which guarantees equal pay and criteria for equal pay for men and women workers, was sanctioned as an affirmative policy for the right to substantial equality, and has heated up existing discussions about the labor market, employability, employee retention, protection measures and, especially, about equal pay for men and women. 

Despite the existence of a constitutional provision to the effect that men and women are equal in rights and obligations, Brazil's participation in International Conventions regarding discrimination against women and the rule contained in art. 461 of the CLTa concretização dos preceitos normativos ainda é falha.

In fact, the gender pay gap still exists in practice.

In this vein, Law 14.611/23 was recently published which, in addition to establishing equal pay policies, provides for inspection measures by the Ministry of Labor and Employment (MTE) in order to curb discriminatory practices.

In cases of non-compliance with Law 14.611/23, the MTE's inspection measures can result in the imposition of an administrative fine equivalent to ten times the value of the salary (considered to be that which should be received by the discriminated employee) and, in the event of a repeat offense, the fine is doubled. Furthermore, the imposition and payment of the administrative fine does not exclude the possibility of an eventual conviction, in the judicial sphere, of compensation for moral damages, since the institutes have different natures and purposes.

At the administrative level (MTE), for inspection purposes, all companies with one hundred or more employees are obliged to keep half-yearly reports on salary and remuneration transparency. In the event of failure to make these documents available, a fine of up to 3% of the payroll will be imposed, limited to one hundred minimum wages (currently R$132,000).

It should be noted that, according to the approved text, if any inequality is found in the presentation of half-yearly reports, companies must present and implement an action plan stipulating targets and deadlines in order to reduce the existing differences. In other words, the implementation of an action plan, such as a job and salary policy, is a preventative alternative to be considered by the employer as a way of avoiding administrative penalties.

It is worth noting that both the law in question and the Labor Courts have been establishing protocols for judgments with a gender perspective, in order to advance in the realization of equality and equity policies.

Law 14.611/23, in this vein, for part of the doctrine and society, brings with it a great advance in the discussion about discrimination against women; while, for others, the perspective is exactly the opposite. Instead of appeasing the situation, employers will be able to take measures, often drastic ones, to comply with the law.

Another affirmative action by the state to prevent discrimination was the establishment of the EMPREGA + MULHERES program (Law 14.457/22), which aims to integrate and maintain women's employment in the labor market through various flexibilities, such as working hours, vacations, support for parenthood, among other benefits and aids. Law 14.457/22 also draws attention to measures to prevent and combat harassment, making changes to the duties of the Internal Accident Prevention Commission (CIPA). With the task of preventing sexual harassment, including the creation of reporting channels, the current name of the commission has changed to the Internal Commission for the Prevention of Accidents and Harassment (CIPA+A).

Finally, a brief analysis of the current legal framework shows that there is still unequal treatment between men and women. However, the "equalization" of inequalities cannot serve as an obstacle to the employability and retention of women in jobs, and it is up to employers to follow the evolution of legal precepts as a form of preventive and assertive action in the pursuit of their corporate purpose.

Por: Grasiele Storck Cheruti

Labor Law | CPDMA Team


Recent posts

Misuse of a trademark by a former partner can be recognized not only as unfair competition, but also as bad faith.

On February 14, the newspaper "Valor Econômico" published an article in which it was pointed out that the São Paulo Court of Justice had recognized unfair competition in the improper use of a trademark by a former partner. The article, however, does not give the number of the case in which it would be possible to analyze more details of the decision, but it does inform that the individuals had signed a [...]

Read more
The first sanctions applied by the National Agency for the Protection of Personal Data (ANPD) were a wake-up call for companies: the LGPD is a serious law and must be complied with.

The General Personal Data Protection Law - Law No. 13,709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process the personal data of individuals, in Brazil or abroad, in order to [...]

Read more
Business position on the recent STF decision that ruled that it is constitutional for trade unions to charge assistance contributions

Recently, the Federal Supreme Court (STF) unanimously ruled that unions can collect an assistance contribution, including from non-member employees, in ARE 1.18.459 (Topic 935 of the General Repercussion), as long as the worker is guaranteed the right to object, establishing the following thesis: "it is constitutional to establish, by agreement or [...]

Read more
The new chapter in the legal dispute involving the term "HELLES", registered as a 'trademark'.

Recalling the case... It all started at the beginning of 2019, when the brewery Fassbier gave extrajudicial notice to a series of breweries in Rio Grande do Sul for the alleged misuse of the term HELLES, claiming to have exclusive use of the expression, given that the word was registered as a trademark. Not satisfied with [...]

Read more
Suspension of labor executions against companies in the same economic group

In a recent decision, the STF suspended the processing of labor executions that discuss the inclusion, in the execution phase, of a company that is part of an economic group that did not participate in the knowledge process. In labor proceedings, when the execution phase is reached and the main debtor does not have enough assets to pay the debt, many [...]

Read more
STJ decides that the legal personality of a civil association can be disregarded, but limits liability to the directors

The 3rd Panel of the Superior Court of Justice (STJ) [1] dismissed a special appeal filed by the directors of a civil association, which had its legal personality disregarded in a case involving the improper use of a trademark. The Court, in a judgment drafted by Justice Marco Aurélio Belizze, held that the disregard of [...]

Read more
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram