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Monday, November 25, 2024

Brazil’s Latest Guidance on Landmark Gender Pay Parity Law: What Employers Should Know + Your 5-Step Action Plan - JD Supra

Brazil’s Ministry of Labor and Employment (MTE) recently released important guidelines for complying with the country’s gender pay parity law. As Brazil ramps up its equal pay initiatives, employers should take note of these new rules, which explain the MTE’s decision-making process and provide key tools employers can use when interacting with the agency. We’ll explain what’s in the new rules and give you a five-step action plan to stay compliant.

Quick Background

Brazil’s labor code has long required equal pay for equal work and prohibited sex-based pay discrimination. But last year, the country enacted the Gender Pay Parity Law (Law No. 14,611/2023), which establishes sweeping measures to promote pay equity and requires employers with 100 or more employees to publish pay transparency reports twice per year. These reports must:

  • contain anonymized data and information to allow for an objective comparison of salaries, compensation, and the proportion of men and women occupying management and leadership positions;
  • provide statistical data on other possible inequalities resulting from race, ethnicity, nationality, and age; and
  • observe the data privacy rules under the General Data Protection Law (LGPD).

Brazilian authorities have since issued several rules to carry out these new requirements, including a Normative Instruction (IN GM/MTE No. 06/2024) published in September.

What’s in the Latest Guidelines?

Pay Transparency Reports

The new rules confirm that the MTE is...



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