By Rafael Mello and Israel Cruz

MTE Ordinance No. 3,714 of November 24, 2023, was published, regulating Decree No. 11,795/2023. This decree is a milestone for equal pay and remuneration criteria.

The ordinance outlines specific administrative procedures for the Ministry of Labor and Employment, focusing on salary transparency mechanisms. Companies with 100 or more employees are now required to prepare a Salary Transparency and Remuneration Criteria Report. This report will be divided into two main sections: one with eSocial data and another with information from the Emprega Brasil Portal.

A crucial point is the frequency and visibility of the publication of this report. Companies must publish it in the months of March and September of each year, on their websites, social networks or similar platforms, ensuring easy access for both employees and the general public.

If wage inequality is identified after the publication of the report, employers will be notified by the Labor Inspectorate. They will then have 90 days to prepare an Action Plan to Mitigate Wage Inequality, which must be shared with the union entity of the category.

The Labor Inspection Secretariat will establish an inspection protocol to ensure non-discrimination in salaries between women and men, reinforcing the commitment to gender equality in the workplace.

This ordinance represents a significant step towards gender equality in Brazil and will come into effect on December 1, 2023.