In light of the transparency report: what your company needs to know about equal pay.
With the postponement of the deadline for delivery of Transparency and Remuneration Criteria Report According to the Ministry of Labor and Employment (MTE), it is opportune to reinforce the importance of companies paying attention to the guidelines published by the Federal Government on practices of equal pay between men and women. Furthermore, the document reinforces measures foreseen in Law No. 14.611/2023 and regulated by Decree No. 11.795/2023.
The material, developed by the Ministry of Women in conjunction with other agencies, provides clear guidelines on companies' obligations to promote salary transparency and combat discrimination. This update is especially relevant for employers, as it intensifies oversight and increases labor and reputational risks for organizations that are not adequately prepared.
Equal pay requires legal oversight and action.
From a legal standpoint, equal pay for employees performing the same function, with equal productivity and technical skill, was already guaranteed by the Consolidation of Labor Laws (CLT). However, the new legislation introduced more robust control mechanisms, such as pay transparency reports and action plans for... design correctionualdades. This means that, in addition to the possibility of individual employee complaints, companies are now subject to administrative sanctions and collective actions brought by unions or the Labor Prosecutor's Office.
One of the main impacts is the reversal of the evidentiary logic. With the obligation to publish reports, the company begins to provide the very elements that can support legal challenges. If an unjustified salary difference is identified between workers performing the same function, the employer will have difficulty sustaining its defense. The risk, therefore, is not limited to individual lawsuits.
Furthermore, it directly affects the corporate image, since the information can have a negative impact on employees, customers, and investors.
Another sensitive point relates to the obligation to implement corrective plans when discrepancies are found. Failure to do so can result in high fines and legal action requiring retroactive salary adjustments. Beyond financial penalties, there is the risk of lawsuits for collective moral damages due to discriminatory practices. Consequently, this scenario can severely impact the company's cash flow and reputation.
Compliance reinforces the practice of equal pay.
It is important to highlight that equal pay is not limited to gender. Legislation reinforces that there can be no discrimination of any kind, whether based on age, race, sexual orientation, or any other criterion unrelated to technical skills and performance. In this context, the new government policy increases oversight of human resource management and demands greater alignment between HR, legal, and compliance departments.
To reduce risks, it is recommended that companies review their job and salary structures, adopting objective and documented criteria for promotions, raises, and salary differentiations. It is also essential to implement periodic audits of the compensation policy in order to identify potential inconsistencies and correct them before they are pointed out in official reports or challenged in court.
Another strategic step is to empower managers and Human Resources teams to understand the legal limits. Furthermore, it is essential that they know how to justify salary decisions based on legitimate technical criteria.
Equal pay requires an inclusive culture and prevention.
In parallel, the creation of internal reporting channels strengthens transparency and active listening. Finally, promoting an inclusive organizational culture demonstrates the company's commitment to fairness and reduces the likelihood of litigation.
In this scenario, proactive action is the safest approach. Companies that anticipate legal requirements not only avoid labor liabilities but also strengthen their employer brand and position themselves more competitively in the market, attracting and retaining talent that values fair and transparent work environments.
By Ana Carolina Vasconcelos, specialist in labor law at Mazzucco&Mello Law Firm. Experience in litigation and consulting.
Graduated from Mackenzie Presbyterian University and currently pursuing a postgraduate degree in Procedural Law at the Pontifical Catholic University.