Equal Pay FAQ: Ministry of Labor and Employment publishes new clarifications to the Law

In brief
The Labor Department (‘MTE’) has disclosed in its website some clarifications for Frequently Asked Questions (‘FAQ’) about the New Equal Pay Law.

The publication of the FAQ, which was very anticipated by employers, covers questions ranging from the purpose of the creation of the Law to more specific aspects of the publication of the Salary and Remuneration Transparency Report.

Among other aspects covered, we have the following:

  • Information will be handled by each Federal Tax Registration – full ‘CNPJ’. If a private legal entity with 100 or more employees has more than one CNPJ, it will be necessary to provide information for each of them.
  • For the first report, the MTE will use the wage information from RAIS 2022 and the New Caged 2023 to calculate the percentage differences for contractual wages and average wages. The calculation formulas will be explained in a methodological note, but no mirror of the information sent  by companies to eSocial will be generated.
  • There are no groups of workers exempt from being included in the report (such as part-time employees, temporary employees, interns, monthly and hourly workers). All types of employment relationships must show equal pay criteria for women and men.
  • It is possible to correct CBO (Brazilian Classification of Occupations) errors in the eSocial databases and the MTE will disclose the final date for information that includes the data used each semester.
  • There is no possibility of individual data being released, in compliance with the LGPD.

Despite the clarifications provided, as it is not an exhaustive material, there are still points that have not been covered in depth by the MTE and will need to be carefully  analyzed by companies.

Recommended actions

As the deadline to submit the information to the MTE is fast approaching (it ends this Thursday, Feb 29th), it is important that companies carefully review the information available, especially those that may impact being able to meet the deadline.
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