Equal pay in Brazil: when you should earn the same as a colleague

The CLT (Brazil's Consolidated Labor Laws) guarantees equal pay for work of equal value, in the same role, for the same employer and at the same establishment, regardless of sex, ethnicity, nationality or age (art. 461). Since 2023, Law 14,611 has strengthened pay equality between women and men, with a higher fine and transparency reports.

Quick summary

• Requirements: same role, work of equal value (same productivity and technical quality), same employer and same establishment.
• Time limits: a difference of at most 4 years with the company and 2 years in the role between you and the colleague you compare yourself to (the paradigma).
• Exception: a company with a job and salary plan or a collective career rule.
• Discrimination based on sex or ethnicity: a fine of 10 times the new salary owed, doubled for repeat offenses (Law 14,611/2023).
• Companies with 100+ employees publish half-yearly pay transparency reports.

The requirements, one by one

• Same role — What it means: the same activities, not just the same job title
• Work of equal value — What it means: the same productivity and the same technical quality
• Same establishment — What it means: the same unit of the company
• Length of service — What it means: up to 4 years' difference at the company and up to 2 years in the role
• No career plan — What it means: the rule does not apply if there is a valid career structure

How to gather evidence

1. Describe your tasks and those of your colleague, with examples.
2. Keep emails and documents showing the same activities and responsibilities.
3. Identify witnesses who know both people's work.
4. Note each person's hiring date and the date they started in the role.
5. If necessary, ask the court to order production of the comparison colleague's payslips.

Where to report

• Pay inequality between women and men: a specific Ministry of Labor channel (denuncia.sit.trabalho.gov.br, pay inequality option).
• Other situations: the union, a complaint to the Ministry of Labor or a labor claim for the pay differences.

Frequently asked questions

A colleague with the same title earns more. Am I entitled?

Only if the activities are the same, with equal productivity and quality, at the same establishment, and within the length-of-service limits.

Does a job and salary plan prevent equal pay claims?

Yes, if it is valid and actually applied.

How long do I have to claim pay differences?

Up to 2 years after the end of the contract, covering the last 5 years.

Read more in this series

• Working outside your role and accumulating roles: when you can claim a pay difference
• CLT worker rights: complete guide
• Reporting labor violations: Ministry of Labor or MPT? How to do it
• Evidence in a labor case: how to gather and organize it
• Index: complete guide to labor rights