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Companies With Different Salaries for Men and Women Will Pay a Fine

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Text approved by the Senate will still have to be voted by the House and sanctioned by the president.

The Federal Senate approved a proposal on Wednesday (13), which provides for fines for companies that do not pay the same salary for men and women who perform the same function.

The text, which amends the Consolidation of Labor Laws (CLT), will still have to be voted by the Chamber of Deputies and, if approved, sanctioned by President Jair Bolsonaro to become law.

“The salary difference between men and women hurts the principle of isonomy enshrined in our Constitution and current legislation,” writes the author of the bill, Senator Fernando Bezerra (MDB-PE), in the justification.

According to the proposal, companies that fail to comply with the measure will be fined twice the difference in salary, calculated on each month in which the unequal payment occurred. The value will then be passed on to the victim.

The text also provides a fine for the employer that, in addition to sex, consider the age, color or family situation of the employee as a determinant for remuneration, training, and career advancement opportunities.

Currently, the CLT states that “all work of equal value shall correspond to an equal salary, without distinction of sex” and prohibits “the difference in wages, the performance of duties and admission criteria by reason of gender, age, color or marital status “.

However, the senator points out in his justification that, “despite the gender equality policies promoted by the most diverse organizations, be they public or private, there are still cases of discrimination against women with regard to remuneration.”

The parliamentarian still points out that the average wage gap between men and women reaches 23% in micro and small companies, jumping to 44.5% in the medium and large, data from Sebrae, which are part of the Yearbook of Women Entrepreneurs and Workers in Micro and Small Business in 2014.

The project that penalizes with a fine violation of the right to breastfeeding was also approved by the Senate on Wednesday (13). The text, authored by former Senator Vanessa Grazziotin, ensures the right of mothers to breastfeed in a public or private place without suffering any impediment.

The proposal establishes that, even if there is space reserved for breastfeeding in establishments, it is only up to the mothers to decide whether or not to use the place. The penalty for anyone who prohibits breastfeeding is a fine of not less than two minimum wages.

According to the text, instead of a crime, the act of preventing the infant is understood as “civil wrongdoing”. The text states that “any act that segregates, discriminates, prohibits, represses or constrains infants or infants, in the exercise of the rights provided for in this Law, is considered to be unlawful conduct subject to the reparation of damages, without prejudice to other applicable sanctions.”