Suzanne Gouveia and Monique Lessa
Lawyers at Marcos Martins Advogados
After years of a lower ratio of women to men in the labor market, some initiatives are emerging to increase gender equality. In a promising proposal, the recent Law 14.457/2022 created the Emprega + Mulheres Program, seeking precisely to increase female participation in companies of all sizes and segments.
Data released this year by the Brazilian Institute of Economics of the Getúlio Vargas Foundation (FGV-IBRE) shows that the participation of women in the labor market is 20% lower than that of men. While they occupied around 51.56% of the vacancies available in 2021, male employability reached the 71.64% mark.
In this scenario, the search for equality requires the creation of social policies, combined with support for parenthood in early childhood through the creation of daycare reimbursement benefits, qualification initiatives, support for returning after maternity leave and flexible working hours in predetermined situations.
When it comes to flexible working hours, for example, the law is clear in allowing this alternative to mothers of children up to the age of six or who have children with disabilities – in which case they must prove that they are disabled by means of a medical report signed by a specialist in the public or private service. This right is also extended to fathers and/or those responsible for the children, with the aim of equalizing maternal and paternal roles, which are no longer mostly associated with female duties.
The program aims to positively transform labor relations, with advantages that impact everyone involved in labor relations. But in order to guarantee the effectiveness of its proposals, the incorporation of these actions requires a real adaptation of the corporate mindset , through multidisciplinary work in all departments of the business, focusing on maximum transparency and clarity of the values defended.
These new guidelines must be disseminated gradually among the teams, with the constant support of HR and the managers of each area. Each person responsible must be prepared to implement what has been determined and, above all, make sure that these principles are maintained for regulatory purposes. After all, companies will have to report annually to the Ministry of Labor on the program’s requirements.
If they don’t, they will be subject to fines by means of a collective agreement, provocation or ex-officio by the Public Prosecutor’s Office and, if any non-compliance is found, the company may be the target of an investigation, with the opening of a civil inquiry and the capacity to evolve into a public civil action, which may also have financial and disciplinary consequences.
All companies will have 180 days to comply with the proposed rules – until the deadline of March 20, 2023. Legal support is essential, in order to provide the necessary expertise to conduct this program and, above all, guarantee equal rights for men and women.
