International Women's Day: The Constitution forbids it, but the gender pay gap persists.

From Fenae - Equal pay for men and women performing the same job – this should be obvious, but it's a right already enshrined in the 1988 Federal Constitution and yet not fulfilled in the vast majority of companies. Now, President Luiz Inácio Lula da Silva wants to end this disparity. Last week he announced a package of actions to be presented on International Women's Day, celebrated on March 8th. Among them is a bill establishing equal pay for genders performing the same job.

It is a struggle of more than 30 years to enforce a law that already exists, including in the Consolidation of Labor Laws (CLT). Article 461 of the CLT establishes that "for identical functions, all work of equal value, performed for the same employer, in the same business establishment, shall correspond to equal pay, without distinction of sex, ethnicity, nationality or age".

According to Sergio Takemoto, president of the National Federation of Caixa Employees' Associations (Fenae), it is long past time to comply with the law. “Brazil is far behind in terms of diversity, inclusion, and gender equality. In the last four years, we have regressed. We need to move forward, and we believe the government is aware of this,” Takemoto observes. 

Changing this reality is urgent, says Rita Lima, Director of Labor Relations at Fenae. “This March 8th, we must reaffirm that this situation is unacceptable. That's why we welcome the concern shown by the Lula government. We hope that this equality will be achieved so that we no longer have to live with this reality, which is downright humiliating,” she emphasized.

 The Brazilian Institute of Geography and Statistics (IBGE) confirms the unequal pay between genders. According to the 2019 Continuous National Household Sample Survey (PNAD), in that year women received 22,3% less than men. The difference is even greater in higher-paying positions, such as directors, managers, and professionals in science and intellectual fields. In these sectors, women received between 36% and 38% less than men in 2019. 

And this difference cannot be attributed to the level of schooling or education - The same research revealed that, among the population aged 35 to 44, 17,3% of men had a higher education level; while among women, the percentage was 24,4%. 

 “The data revealed by IBGE is truly beyond any possibility of acceptance. There is no explanation, other than sexism, for women who do the same work as men still receiving less pay today,” observed Rita Lima.

At Congress – In the Chamber of Deputies and the Senate, there are proposals on this topic. One of them, Bill 111/23, makes equal pay for men and women mandatory for identical functions or positions. According to the text, the Ministry of Labor and Employment (MTE) will be responsible for monitoring the measure. It was authored by Deputy Sâmia Bomfim (Psol/SP). Another, Bill 130/2011, aims to establish fines to combat the wage gap between men and women.

This bill had already been approved by the Chamber of Deputies and the Senate and was awaiting the signature of then-President Bolsonaro, but the Speaker of the Chamber, Arthur Lira, requested that the bill be returned to the Chamber. At the time, Bolsonaro stated that if he signed the bill, it would become "almost impossible" for women to enter the labor market.

On this International Women's Day, Fenae reinforces its support for women's struggles for equal rights. And it continues to monitor the progress of the bills in the Chamber of Deputies and the Senate.