About the salary transparency report
Companies with more than 100 employees have the opportunity to complete or correct the Salary Transparency and Remuneration Criteria Report for the First Half of 2024 in the area of Portal Emprega Brasil - Employer, on the website of the Ministry of Labor and Employment (MTE).
The deadline for completing the document is February 29. Ensure compliance and transparency in your company's pay practices!
How will gender equality work in companies?
The joint initiative by the Ministry of Labor and Employment and the Ministry of Women is in line with Decree No. 11.795/2023, issued in November last year to regulate the Law no. 14.611, of 2023. This legislation, signed into law by President Luiz Inácio Lula da Silva in July 2023, establishes the obligation of equal pay for women and men.
The biannual transparency reports will be based on the data on men's and women's salaries and occupations previously reported by companies in eSocial. In addition, companies are being asked to provide additional information on remuneration criteria and initiatives that promote the hiring and promotion of women. All this information will be consolidated into a report by the Ministry of Labor and Employment, which will be made available for publication, in accordance with the law, in March 2024.
What are the penalties for salary transparency?
The law requires companies with 100 or more employees to disclose salary reports, with strict penalties for non-compliance. Administrative fines can reach up to 3% of the payroll, limited to 100 minimum wages, without prejudice to sanctions for wage discrimination. The legislation also provides for compensation for moral damages in cases of discrimination based on sex, race, ethnicity, origin or age, significantly increasing companies' liability.
For inspection purposes, the Ministry of Labor and Employment (MTE) can request additional information, and companies with unequal pay must seek corrections through specific Action Plans. Ordinance No. 3.714 of November 24, 2023, details the actions required in the plans.
Equal rights
The new legislation also includes measures to promote equal pay, such as the implementation of diversity and inclusion programs in the workplace. This involves training managers, leaders and employees on gender equality in the job market. In addition, the legislation encourages the training and education of women, with a view to them entering, remaining and rising in the job market on equal terms with men.
Data protection
With regard to data security, the reports must preserve anonymity and follow the guidelines of the General Personal Data Protection Act (LGPD). Submissions will be made via the MTE's digital tool, and the reports should be published in March and September 2024.
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Conclusion
In short, the recent pay transparency guidelines represent a significant change in the business landscape, strengthening the quest for gender equality in pay practices. With the imposition of biannual reports and strict penalties for companies that fail to meet the new requirements, the legislation reinforces the responsibility of organizations to promote equitable working environments.
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