Brazil

International Framework
Pay Equity Legislation
Transparency Measures
Minimum Wage
Collective Bargaining
Other Information

Has the country ratified ILO Equal Remuneration Convention, 1951 (No. 100)?

Yes

If yes, when?

1957

Has the country ratified ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111)?

Yes

If yes, when?

1965

Has the country ratified the Convention on the Elimination of All Forms of Discrimination against Women?

Yes

If yes, when?

1984

OECD's Recommendation of the Council on Gender Equality in Education, Employment and Entrepreneurship

N/A

Does the law mandate equal remuneration for men and women workers for work of equal value?

Yes

Legislative reference

1943, Consolidated Labour Laws, Sections 5 and 461 Available, in the original version, here.
Section 5 of the Consolidated Labour Laws stipulates that for work of equal value will correspond to equal pay regardless of gender.
Section 461 of the Consolidated Labour Laws which was amended in 2017 states all work of equal value, rendered to the same employer, in the same business establishment, will guarantee the right to equal remuneration, regardless of gender, ethnicity, nationality or age.

If not, does the law mandate equal pay for equal work and/or non-discrimination in relation to employment and occupation?

Yes

Legislative reference

1988, Constitutional Law, Section 5 Available, in the original version, here.
Section 5 of the Constitution provides that all are equal before the law, without distinction of any kind and that men and women have the same rights and obligations.

Are there any category of workers excluded?

No provisions could be located

Is there a definition of remuneration?

Section 457 of the Consolidated Labour Laws provides that remuneration is understood as the supplement to the salary a worker receives directly from the employer. It is the consideration for the services, including tips that are received.

Is there a definition of work of equal value?

Section 461(1) of the Consolidated Labour Laws defines work of equal value as work performed with the same productivity and technical competency among people working for the same employer with a difference not more than four years and with a difference of tenure length not more than two years.

Does the law mandate for objective job evaluation (to ensure equal pay for work of equal value)?

No provisions could be located

Does the country have proactive and wage transparency laws and measures to address discriminatory pay gap (including any other measures to address undervaluation of women's work)?

No provisions could be located

Are there any provisions on minimum wage?

Yes

If yes, could you please specify whether at the national and/or sectoral level?

National

If yes, could you please provide details and appropriate reference?

Section 7(IV) of the Federal Constitution regulates all workers' right to receive the minimum wage. The minimum wages shall be fixed by law and consolidated on a national level. It should also meet workers' basic essential needs and those of their family concerning housing, food, education, health, leisure, clothing, hygiene, transportation and social security, with periodic adjustments to preserve its purchasing power.

According to Section 76 of the Consolidated Labour Laws, minimum wage is the minimum payment done directly by the employer to all workers, including rural workers, regardless of sex, for a typical working day. It should cover workers' needs regarding food, accommodation, clothing, hygiene and transport. Available, in the original version, here.

Are there any provisions in collective agreements related to the principle of equal remuneration for work of equal value?

Yes

If yes, could you please provide further details and appropriate reference?

All collective agreements are available online. Collective agreements, including clauses guarantying equal remuneration and prohibition of discrimination, are available here.

Other useful info

N/A

Other useful databases

ILO NORMLEX website
ILO NATLEX website