Extent of Protection
The Federal Constitution prohibits salary differences based on sex, age, color or marital status. As mentioned above, such prohibition also applies to disabled employees. In addition, the Labour Code ensures that employees performing the same activity, with equal value, to the same employer, at the same facility, are entitled to the same remuneration, except if the difference in their length of service: (a) with the same employer is longer than 4 years and (b) at such position is longer than 2 years. In accordance with law, “equal value work” is the work performed with the same productivity and same technical perfection.
If a company does not comply with the equal pay rules mentioned above, the company may be subject to (a) inspection from the Ministry of Economy, which may subject the company to the payment of administrative penalties, (b) investigation by the Ministry of Labour Prosecution and/or (c) individual labour claims filed by employees or former employees, claiming moral damages due to the discriminatory treatment and payment of salary differences.
Equal pay for equal work is a common labour claim in Brazil.