The MTE Ordinance No. 3.714 of November 24, 2023 has been published, regulating Decree No. 11,795/2023. The Decree provides for equal pay and remuneration criteria for women and men, as stated in the report sent by the office on Friday (24/11/2023).

The Ordinance establishes administrative procedures for the actions of the Ministry of Labor and Employment in relation to the mechanisms for wage transparency and remuneration criteria referred to in Article 1 of Decree No. 11.795, of November 23, 2023.

The Salary and Remuneration Criteria Transparency Report must be prepared by companies with 100 or more employees and will consist of two sections: the first containing data extracted from eSocial and the second containing data extracted from the Emprega Brasil Portal.

The Report must be published by employers in March and September of each year, on their websites, social networks or similar tools, but always in a visible place, ensuring wide dissemination to their employees and the general public.

If wage inequality is found after the report has been published, employers will be notified by the Labor Inspectorate to draw up, within 90 days of the first notification, an Action Plan to Mitigate Wage Inequality and Pay Criteria between Women and Men. In addition, a copy of the action plan must be deposited with the trade union representing the professional category.

The inspection protocol against discrimination in salaries and remuneration criteria between women and men will be defined by the Labor Inspection Secretariat.

The Ordinance in question comes into force on 01/12/2023.