Since 2020, the Department of Labor has not released the information required by law. The female lawyer made criticisms.
The National Data Protection Commission said that there is no law preventing the Ministry of Labor from publishing the wage gap between men and women in every major company because the law requires it to do so from the middle of last year. “The published statistical information does not contain personal data, so the data protection system does not apply”, which guarantees the organization’s response to Dinheiro Vivo, which runs counter to the government’s position. The government’s position is related to “workers” with “company and corporate name information.”
The National Data Protection Commission (CNPD) clarified that: “The company’s identity is not protected by the data protection system (unless it contains personal data).” On the other hand, there is a way to make staff data anonymous. “Since the starting point is personal data to delete aggregated statistical information, it is necessary to ensure that the use of anonymity technology prohibits re-identification of the data subject, so as to ensure that the published data cannot be identified. The data controller shall bear this obligation. Treatment.”
According to the law of equal pay for equal work, the Research and Planning Office of the Ministry of Labor is responsible for issuing a “balance sheet of gender pay differences by company, profession, and seniority level” based on the data in the “single report” submitted each year. By the company. This obligation applies to large companies in the first two years of the law beginning in 2020, and will cover medium-sized companies in the third year of implementation (ie 2022).
However, this is not the understanding of the Ministry of Labor. He said: “The company’s balance sheet will not be published at a single level, but will be submitted to each company and the Working Conditions Administration, because it contains the nominal information of the company and the workers.” The committee also noted that due to The pandemic and the extension of the deadline for the delivery of a single report delayed the sending of data to companies and inspection agencies.
When asked again about the data release last month, the government did not respond. He did not realize the actual impact of the law or whether workers had been informed of the wage difference between men and women, so they could seek advice on possible discriminatory practices from the Commission for Work and Employment Equality (CITE). It is not even known whether CITE has received any requests for comments under the law. The ministry did not respond.
After the law came into effect in February 2019, the government pointed out that “be it public opinion, workers or the company itself, there is more and more information.” In particular, “Statistical information on the difference in salary between men and women between departments and companies (the company’s balance sheet for salary differences)”.
One of the organizations that the representative consulted when discussing the law, the Portuguese Association of Women Lawyers (APMJ) “believes that the wage difference between men and women in every large state-owned company should be disclosed” and reviewed the law, such as “gender equality experts, members of the organization What Joanna Costa said”.
He replied: “Do you need to be cautious? Yes. Do you need statistical information to be taken care of? Yes.” But he made sure that he never asked the question of not being able to publish data.Without publication, the government “will not be completely defeated [a lei], As long as it meets the rest of the specifications, it will destroy transparency.”