Salary equalization: how does it work and what does the law say in Brazil?
Posted: Sun Feb 02, 2025 8:24 am
Did you know that a labor claim for equal pay can be a crucial point in ensuring fair compensation ? If you are a worker in the Brazilian market and feel that you are not being properly valued, this is a reading that you cannot miss.
Salary equalization is a right guaranteed by Brazilian labor law and can be the solution to correct possible salary injustices. In this text, we will explore the main aspects of this claim, so that you can understand how it works and, more importantly, how to use this resource to claim your rights.
Read on to find out how you can take an important step towards fair and equitable pay.
What requirements does the CLT impose for salary equalization?
If you are a business owner or human resources manager , it is important to be aware of the rights and duties provided for in the CLT (Consolidation of Labor Laws) regarding equal pay. Equal pay is a recurring topic and can generate labor complaints, so it is essential to understand what Brazilian legislation establishes on the subject.
The CLT (Consolidation of Labor Laws) establishes specific requirements for equal pay between employees who perform the same functions in the company. For it to be valid, the following requirements must be met:
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Role identity: The employees being compared must perform the same role, that is, they must perform identical, or substantially equivalent, activities that require the same set of skills and responsibilities.
Identity of length of service: the employees being compared must have the same length of service in the company, that is, they must have been hired on the same date or have the same accumulated length of service.
Difference in productivity and qualifications: there can be no difference in productivity and quality between employees who are on equal terms, not even if one of them has more professional qualifications than the other.
Same establishment: can only be applied between employees who work in the same company establishment, unless the activity, by its nature, is carried out in several workplaces.
Same permanence in the position: can only be requested if the difference in bosnia and herzegovina whatsapp list remuneration between employees was established less than two years ago from the date of the request.
Court or arbitration decision: may be established by court or arbitration decision or by agreement between the parties involved.
BR - INBOUND - Guide - CLT
What does article 461 of the CLT say about salary equalization?
Article 461 of the Consolidation of Labor Laws (CLT) deals with salary equality between employees who perform the same or equivalent function within the same company. Here is the text of the article:
“If the function is identical, all work of equal value, provided to the same employer, in the same location, will receive the same salary, without distinction of sex, nationality or age.”
Article 461 of the CLT
This article establishes the principle of equal pay for workers who perform equal or equivalent functions in a company. According to the text, if the work performed by two or more employees is of equal value and performed under the same conditions, the pay must also be equal, regardless of differences in sex, nationality or age.
Article 461 is essential to ensure equal pay and combat discrimination in the workplace. It establishes the legal basis for employees to claim equal pay if they identify situations of unjustified inequality in relation to colleagues who perform the same activities.
Main key points of salary equalization:
It is a right guaranteed by Brazilian labor legislation.
occurs when an employee performs the same tasks and has the same productivity as another coworker, but receives a lower salary.
It is necessary that the employee and the coworker to be compared have the same technical perfection and productivity.
The request for salary equalization must be made within a maximum period of two years after the employee's admission to the company, or from the last salary equalization that occurred.
It is recommended that companies seek the support of a professional specialized in labor law when dealing with labor claims.
The company may be ordered to pay retroactive salary differences and possible compensation for moral damages, if the unjustified difference is proven.
When is an employee entitled to equal pay?
One of the main labor complaints faced by companies is salary equalization, which can generate significant financial consequences if not handled properly.
It is important to note that equal pay does not only refer to the same position or function, but also to the same working conditions. In other words, if an employee performs the same activities and has the same productivity as another coworker, but receives a lower salary, he or she can request equal pay.
Furthermore, it is necessary that the employee and the coworker to be compared have the same technical perfection and productivity, that is, it is not enough to just have the same functions, but it is also necessary that the performance is equivalent. Otherwise, the salary equalization will not be applicable.
It is important to note that the request for salary equalization must be made within a maximum period of two years after the employee joined the company, or from the last salary equalization that occurred. Therefore, it is essential that companies maintain strict control over their employees' salaries and activities to avoid future problems.
Salary equalization is a right guaranteed by Brazilian labor law and can be the solution to correct possible salary injustices. In this text, we will explore the main aspects of this claim, so that you can understand how it works and, more importantly, how to use this resource to claim your rights.
Read on to find out how you can take an important step towards fair and equitable pay.
What requirements does the CLT impose for salary equalization?
If you are a business owner or human resources manager , it is important to be aware of the rights and duties provided for in the CLT (Consolidation of Labor Laws) regarding equal pay. Equal pay is a recurring topic and can generate labor complaints, so it is essential to understand what Brazilian legislation establishes on the subject.
The CLT (Consolidation of Labor Laws) establishes specific requirements for equal pay between employees who perform the same functions in the company. For it to be valid, the following requirements must be met:
sesame hr logo
Listen to your Team with Sesame RH's Organizational Climate Surveys
Assess the work environment, obtain valuable feedback, identify areas for improvement and strengthen the organizational culture to retain talent and increase productivity
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Role identity: The employees being compared must perform the same role, that is, they must perform identical, or substantially equivalent, activities that require the same set of skills and responsibilities.
Identity of length of service: the employees being compared must have the same length of service in the company, that is, they must have been hired on the same date or have the same accumulated length of service.
Difference in productivity and qualifications: there can be no difference in productivity and quality between employees who are on equal terms, not even if one of them has more professional qualifications than the other.
Same establishment: can only be applied between employees who work in the same company establishment, unless the activity, by its nature, is carried out in several workplaces.
Same permanence in the position: can only be requested if the difference in bosnia and herzegovina whatsapp list remuneration between employees was established less than two years ago from the date of the request.
Court or arbitration decision: may be established by court or arbitration decision or by agreement between the parties involved.
BR - INBOUND - Guide - CLT
What does article 461 of the CLT say about salary equalization?
Article 461 of the Consolidation of Labor Laws (CLT) deals with salary equality between employees who perform the same or equivalent function within the same company. Here is the text of the article:
“If the function is identical, all work of equal value, provided to the same employer, in the same location, will receive the same salary, without distinction of sex, nationality or age.”
Article 461 of the CLT
This article establishes the principle of equal pay for workers who perform equal or equivalent functions in a company. According to the text, if the work performed by two or more employees is of equal value and performed under the same conditions, the pay must also be equal, regardless of differences in sex, nationality or age.
Article 461 is essential to ensure equal pay and combat discrimination in the workplace. It establishes the legal basis for employees to claim equal pay if they identify situations of unjustified inequality in relation to colleagues who perform the same activities.
Main key points of salary equalization:
It is a right guaranteed by Brazilian labor legislation.
occurs when an employee performs the same tasks and has the same productivity as another coworker, but receives a lower salary.
It is necessary that the employee and the coworker to be compared have the same technical perfection and productivity.
The request for salary equalization must be made within a maximum period of two years after the employee's admission to the company, or from the last salary equalization that occurred.
It is recommended that companies seek the support of a professional specialized in labor law when dealing with labor claims.
The company may be ordered to pay retroactive salary differences and possible compensation for moral damages, if the unjustified difference is proven.
When is an employee entitled to equal pay?
One of the main labor complaints faced by companies is salary equalization, which can generate significant financial consequences if not handled properly.
It is important to note that equal pay does not only refer to the same position or function, but also to the same working conditions. In other words, if an employee performs the same activities and has the same productivity as another coworker, but receives a lower salary, he or she can request equal pay.
Furthermore, it is necessary that the employee and the coworker to be compared have the same technical perfection and productivity, that is, it is not enough to just have the same functions, but it is also necessary that the performance is equivalent. Otherwise, the salary equalization will not be applicable.
It is important to note that the request for salary equalization must be made within a maximum period of two years after the employee joined the company, or from the last salary equalization that occurred. Therefore, it is essential that companies maintain strict control over their employees' salaries and activities to avoid future problems.