Many companies are preparing and discussing strategies and procedures for sending information to government systems for the Ministry of Labor and Employment's Salary Transparency Report.

A significant number of these companies, however, have only begun to review this issue now, two months before publication of the report by the Ministry of Labor and Employment. This delay is due, in part, to the expectation that the ministry would extend the deadline for the report or even that Ordinance 3,714/23, which regulates Decree 11,795/23, would lose its effect.

However, as announced on January 17 by the Minister of Women, Cida Gonçalves, and the Minister of Labor and Employment, Luiz Marinho, the deadline for companies to provide additional information on the Emprega Brasil Portal for the preparation of the Salary Transparency Report by the Ministry of Labor and Employment begins today (January 22, 2024), with the publication of the Declaration of Equal Pay and Compensation Criteria tab on the Emprega Brasil Portal.

In this scenario, considering the first deadline set by Ordinance 3,714/23 (sending additional information in February), companies will have from January 22, 2024, to February 29, 2024, to report the following additional information on the Emprega Brasil Portal:

  1. Existence of a career ladder and job and salary plan;
  1. Existence of policies to encourage the hiring of women, such as: (i) a program to hire women who are victims of violence, provided for in the New Public Tenders Law 14,133/21; (ii) programs to hire women with disabilities; (iii) incentives to hire LGBTQI+ women; (iv) incentives to hire black women; and (v) incentives to hire women who are heads of household;
  1. Existence of policies to promote women to senior and managerial positions, such as: (i) flexible working arrangements to support working mothers; (ii) early granting of individual leave; (iii) approval of absences (article 473 of the CLT); (iv) extension of paternity leave and maternity leave; (vi) provision of daycare/childcare assistance;
  1. Salary and compensation criteria for access and progression or advancement of employees, such as: (i) meeting production targets set by the company; (ii) availability for overtime, travel, commitments to clients; (iii) availability of people in specific occupations in the job market; (iv) length of professional experience; (v) ability to work in a team; and (vi) proactivity (developing ideas and suggestions to improve results).

The questionnaire available on the Emprega Brasil Portal has a simplified format, allowing companies to answer the questions only with "yes", "no”, or multiple choice, without any field for further clarification. This methodology used by the Ministry of Labor and Employment reinforces our position that the data collected could generate a Salary Transparency Report that does not faithfully reflect the real structure of the companies. It is therefore essential that companies be prepared to take the necessary measures if they identify distortions in their reports.

In addition to sending the additional information, companies that have already provided information on eSocial should confirm that the data already provided on the platform is up to date. If necessary, companies should supplement eSocial with the missing data so that the Salary Transparency Report, to be drawn up by the Ministry of Labor and Employment, reflects up-to-date information.