Companies go to court against salary transparency report

The Union managed to overturn the decision. The decision came out on Tuesday (26). In the decision, judge Monica Jacqueline Sifuentes, president of the TRF-6, states that there is “potential risk of serious harm to public order, given the circumstance that gender inequality is expected to be maintained in the remuneration aspect”. FIEMG said it will appeal.

Several companies initiated actions individually to avoid having to disclose the report. The Andrade Maia office represents around ten companies, including the drugstore chains São Paulo and Pacheco, whose processes were made public. Of the ten, only one decision was negative, says partner Maria Carolina Seifriz Lima. In most cases, the decisions were either favorable to the companies, or the judge gave the Union a deadline to respond.

The comparison that the ministry proposes will certainly lead to inconsistencies and will not represent the reality of companies. The criteria do not consider the CLT’s own requirements for salary differentiation.
Maria Carolina Seifriz Lima, partner at Andrade Maia

What happens now?

Companies consider publishing alternative report. Some companies are considering publishing their own report on the topic, rather than the one prepared by the government. Others consider publishing the official report, with notes to contextualize the data considered distorted. Others also consider waiting for the STF’s decision on the issue, even if it comes after the deadline established by the ministry. And there are still those that must only publish the government report.

The Ministry of Labor says that, if companies understand that the data does not represent their reality, they can publish an explanatory note along with the report. He also says that an important part of the companies’ complaints concerned the possibility of disclosing salaries in a way that allowed the individualization of information, “which did not happen”. In the case of incorrect data, companies can correct the information on E-social, says the agency.