Advancement brought in the real promotion of equal pay between men and women

PL 1.085/2023 , better known as the Salary Equality Bill, sanctioned by President Luiz Inácio Lula da Silva at the beginning of the month, makes equity in wages and remuneration criteria between women and men mandatory for work of equal value or in the exercise of the same function.

According to data from the IBGE, the downward trend in wage inequality between men and women in Brazil suffered a setback and reached 22%. Even so, women began to earn the equivalent of 78% of a man’s salary.

Júlia Lenzi Silva, PhD in Labor and Social Security Law, highlights the significance of this unprecedented achievement in the history of Brazil. “ It can indeed be considered an unprecedented advance in Brazilian legislation on a topic that is much debated by the general population, the effectiveness of the concrete effects of equal pay”, he says.

Furthermore, it is necessary to understand that the approval and sanction of the project, unlike how it is having repercussions, is not a gift granted by the current government. Even if the new political context is more open to dialogues with social movements, Júlia argues that the achievements in human rights originate in the concrete struggle of social organizations. Especially, advances in the field of women’s law.

innovative changes
Among the advances that contribute to changes in practice are more severe punitive measures for the violation of these rights and greater transparency regarding remuneration data. For example, according to the previous text present in art. 510 Consolidation of Laws and Labor (CLT), for violating the constant prohibitions, the company will be imposed a fine equal to one regional minimum wage, increased to twice as much, in case of recurrence, without prejudice to other legal consequences. In the approved law, the fine will be equal to ten times the new salary.

With regard to data transparency, the project provides for the biannual issuance of remuneration data for companies with 100 employees or more supported by the General Law for the Protection of Personal Data. The report aims to facilitate the identification of possible cases of discrimination, not only on the basis of gender, but also on the basis of race, origin or age.

Júlia comments that these changes could fill the gap in inspection and transparency mechanisms that prevented the effective experience of equality between men and women. “Through the predictions contained in the PL for equal pay, there is a path traced and obligations foreseen for both the public power and the private sector”, she says.

Applicability
The advances established by specific legislation to guarantee equal pay between men and women are undeniable, however, there is still room for discussion of its applicability and effectiveness in the Brazilian reality. Júlia clarifies that most laws are open and only specify the content of rights. The possible way to charge that is guaranteed is the responsibility of what is called a decree.

“The approved legislation provides for the publication of salary transparency reports every six months, but the form of this report, what will be its sending channel and what types of information will be brought through the decree”, explains Júlia. Thus, the formation and establishment of this document is also a space of struggle so that rights are not only guaranteed but expanded.

Challenges
Júlia comments on how this measure represents a deepening of the democratic commitment to a more egalitarian labor market, however, the mobilization of social movements must not stop in the face of this advance. Even if the responsibility for complying with established norms rests with the State, the transforming power of legislation comes directly from civil society.

Thus, a challenge still to be faced was pointed out by the expert: the issue of reproductive work that was not addressed in the sanctioned project. This issue involves all activities related to the reproduction of life such as washing, food preparation, education. Finally, the management of Brazilian homes, which can be paid work, domestic work, or not, therefore, carried out in double or triple shifts.

Júlia proposes a more in-depth analysis of how reproductive work, being carried out mostly by women, fits within the scope of pay equity. “This is an issue not touched upon by the legislation and which remains fundamental so that women can effectively enjoy equal treatment before the law”, she defends. In addition, she adds that reproductive work must be recognized socially and economically for true equality, since women’s work is not limited to eight hours a day.