House Bill No. 130/2011
The House Bill 130/2011, approved by the Plenary of the Federal Senate on March 30, 2021, follows the presidential sanction. The text inserts in the labor legislation punishment of an indemnity fine for wage discrimination against women, having as difference the parameters verified in the specific case and the contracting period, limited to five years. In this way, important reinforcement is established to curb gender discrimination in the workplace.
The PLC adds a paragraph to article 461 of the CLT, which prohibits discrimination between employees who occupy the same function in an identical business establishment on account of sex, ethnicity, nationality or age: “for the violation of item III of art. 373-A, relating to remuneration, will be imposed by the court on the employer a fine in favor of the employee of up to 5 (five) times the difference verified in the entire period of the hiring, observing the statute of limitations ”.
The first reference made in the provision relates to the rule of protection of the work of women present in the CLT, which prohibits considering sex as “a determining variable for the purposes of remuneration, professional training and opportunities for professional advancement”. The second reference is associated with the five-year statute of limitations expressed in item XXIX of article 7 of the Federal Constitution.
In the justification of the PLC, presented in 2009, it is emphasized that despite the existence of legal rules prohibiting gender discrimination in the labor area, this reality persisted, particularly with regard to the difference in wages verified in comparison to men, which reached at that time the average percentage of 22% in 24 countries. In the 2021 legislative report, it was shown that in 2019 Brazilian women received 77.7% of men’s remuneration, which adds to the impacts of the pandemic on female participation in the labor market.
Gender equality, recognized in the PLC, is a permanent measure in corporate governance in all economic sectors. This also depends on concrete initiatives that reject discrimination in all its aspects, while ensuring the possibility for women to occupy positions of leadership and decision.
Wilson Sales Belchior
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