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Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
Download full Q3 2023 Global Guide Quarterly
New Gender Pay Equality Law
New Legislation Enacted
Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Associate – Chiode Minicucci Littler
Law #14,611/2023, enacted on July 4, 2023, amended the Brazilian Labor Code and introduced several measures to guarantee salary equality between women and men. The law requires private companies with 100 employees or more to publish semiannual reports on salary transparency and remuneration criteria, with due observance of the General Data Protection Law. Further, employers must make available specific channels for employees to report salary discrimination and implement (and promote) workplace diversity and inclusion programs.
Moreover, the law establishes steep penalties for companies that fail to comply with gender pay equality and increases the applicable fine, which will be ten times the amount of the new salary owed to the discriminated employee. The fine can be doubled in the event of recurrence. Further, penalties for noncompliance include an administrative fine of up to 3% of the company’s payroll, limited to 100 minimum wages (i.e., BRL 132,000 in 2023), without prejudice to other penalties that may apply.
The “Women’s Friend” Label for Companies
New Legislation Enacted
Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Littler
Law #14,682/2023, enacted on September 21, 2023, creates the “Women’s Friend” label for companies that adopt practices aimed at the professional inclusion of women who have experienced domestic and family violence. To receive the label, companies must comply with two of the four requirements under the new law, one of which consists of “having a policy to increase women's participation in the organization’s senior management positions.”
New Rules for the Workers' Meal Program
New Order or Decree
Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Littler
Decree #11,678/2023, which became effective on August 31, 2023, provides new rules for the Workers' Meal Program (PAT). Among other things, the new decree restricts benefits that may be granted to legal entities that benefit from the PAT and on the portability of amounts.
