The effects of the decision handed down by TRF 6 and the mandatory publication of the Salary Transparency Report.

Last Friday, 03/22/2024, a decision was handed down by the Federal Regional Court (TRF) of the 6th Region in an appeal filed by the Federation of Industries of the State of Minas Gerais (FIEMG), granting the anticipation of the appeal relief requested in the action public civil law, to determine the suspension of the effects of Decree 11,795/2023 and MTE Ordinance 3,714/2023, regarding the obligation to publish the Salary Transparency and Remuneration Criteria Report provided for in the Equal Pay Law 14,611/2023.

We remind you that the Equal Pay Law and its regulations determined the publication of the Salary Transparency and Remuneration Criteria Report, published by the Ministry of Labor and Employment on the Emprega Brasil Portal on 03/21/2024, by the end of March by companies with 100 (one hundred) or more employees.

despite the aforementioned decision of the TRF of the 6th Region determining the suspension of the obligation with erga omnes effects, we understand that the safest interpretation is that such effectiveness is limited, since, in the initial petition for the Public Civil Action, FIEMG requested the granting of urgent relief, expressly and specifically, in favor of companies/industries established in the State of Minas Gerais, with 100 employees or more, which was reiterated in the appeal that had the injunction granted.

Therefore, we believe it is prudent for companies with 100 (one hundred) or more employees, which are not established in the State of Minas Gerais, to consider the obligation as current and to publish the respective Salary Transparency Reports within the legal deadline, unless they have obtained protection specific court ruling that removes the obligation.

Our lawyers are available for any clarifications on the matter.