The Ministry of Labor and Employment (MTE) has just released to the public the Salary Transparency Reports of all companies with more than 100 employees on a specific portal.

As we had already anticipated in our articles, the methodology used by the MTE to prepare the Salary Transparency Report does not comply with the legal requirements for salary equalization and is based on a non-objective comparative basis.

The use of Major Groups of Occupations as a grouping parameter for comparing the remuneration of women and men also generates distortions and tends to lead to erroneous conclusions on the subject.

The issue became even more critical due to the publicity given to the reports by the MTE – which was not expected and is not in line with the regulation of the subject, which gave companies the responsibility for publication of their respective reports.

In view of this scenario, companies should evaluate the appropriate administrative and/or judicial measures due to the publicity given by the MTE to the report.

Machado Meyer Advogados will continue to monitor the evolution of the matter and its potential developments.

 Update on 03/15/2024, at 7:52 PM:

The MTE has just released an update on its website stating that companies should only consider as valid the Salary Transparency Reports that will be made available starting from March 21 on the Emprega Brasil portal.

The MTE emphasized that "only the report, which will be released from March 21, should be considered official" and that "information disseminated before this date should be disregarded."

In light of this, companies should continue working on their own reports and consider how to proceed, according to the options below, based on their own reality:

  • publish the report of the Ministry of Labor and Employment, exactly as provided by the labor authority (recommended only if there is no wage discrepancy);
  • publish the report of the Ministry of Labor and Employment and, jointly, publish the company's own report, in which possible inconsistencies in the report of the labor authority are clarified; or
  • file a lawsuit seeking not to publish the report of the Ministry of Labor and Employment, but at the same time work on the company's own report, considering that the precedents are not yet well established and different decisions may be rendered – in addition to the obligation to publish the Salary Transparency Report remaining in force.

For companies that choose to file lawsuits, we recommend that it be done as soon as possible, as the deadline for publication of the Salary Transparency Report is maintained for March 31.

We continue to follow the topic and will inform you of any news.