On 07/03, Law no. 14,611, whose objective is to establish salary equality and remuneration criteria between men and women to perform work of equal value or in the exercise of the same function, as well as anti -discriminatory measures in the workplace.

Companies should adopt the following measures:

a) Establishment of salary transparency mechanisms and remuneration criteria;

b) Increased inspection against wage discrimination and remuneration criteria between women and men;

c) availability of specific channels for complaints of salary discrimination;

e) promotion of the training and formation of women for entry, permanence and rise in the labor market on equal terms with men.

In addition, the new law changed art. 461 of the CLT, including paragraphs 6 and 7, providing that, in the event of discrimination due to sex, race, ethnicity, origin or age, the payment of salary differences due to the discriminated employee does not rule out his right of indemnity action for damages considering the specificities of the specific case.

, without prejudice to the provisions of the above, the fine referred to in art.510 of the CLT will correspond to 10 (ten) times the value of the new salary due to the employer to the discriminated employee, raised to double, in case of recurrence, without prejudice to the other legal commissions.

It is important to highlight that companies with 100 (one hundred) or more employees should publish semi -annual reports of salary transparency and remuneration criteria, observing the protection of personal data (LGPD), under penalty of administrative fine, whose value will correspond to 3% (Three percent) of the employer's payroll, limited to 100 (one hundred) minimum wages, without prejudice to the sanctions applicable to cases of salary discrimination and remuneration criteria between women and men.

Reports will contain anonymous data and information that allow the objective comparison between wages, remuneration and the proportion of occupation of positions of direction, management and head filled by women and men, accompanied by information that may provide statistical data on other possible inequalities arising from race, ethnicity, nationality and age, observing the legislation of personal data protection and specific regulation.

When identified salary inequality or remuneration criteria, the law states that, regardless of non -compliance with the provisions of art. 461 of the CLT, the company must present and implement action plan to mitigate inequality, with goals and deadlines, guaranteeing the participation of representatives of unions and representatives of employees in the workplaces.

Carpena Advogados's labor area team will continue to follow the topic and are available to answer any questions on the subject.