On 4 July 2023, Brazil enacted Law n. 14,611/2023 on equal pay for equal work between women and men.
It is part of a package of gender equality measures announced by the government in March 2023 to tackle discrimination and inequalities in the workplace.
On 17 August 2023, in the case Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department and Others (Civil Appeal Number 5010 of 2023), the Supreme Court of India stated that maternity benefits must be granted, even where they extend beyond the duration of a fixed-term employment contract.
It clarified that a woman employed on a fixed-term basis who meets the eligibility criteria for maternity benefit under the Maternity Benefit Act (MB Act) 1961 is, therefore, entitled to the whole 'maternity benefit,' even if the period of that benefit exceeds the duration of the employment contract.
On 3 July 2023, the Supreme Court confirmed the principle that the stipulation of equal height for men and women (1.60m) as a requirement for employment constitutes indirect discrimination against women.
The same requirement is neither objectively justified nor relevant and proportional to the duties deriving from the qualification attributed.
It follows the first consultation phase launched on 11 April 2023, which ended with identifying six main areas for reform, subject to further consultation among the social partners.
The main areas of focus for further consultation concern the modification of the notion of 'transnational issue' and 'consultation,' limiting the possibility for management to classify information as 'confidential'; shortening the timeframe for setting up EWCs, improving the ability of EWCs and their members to enforce their legal rights, and ensuring that all EWCs are fully subject to the EU legal framework.
The second consultation phase will end on 4 October 2023.
On 15 August 2023, the Costa Rican Congress approved in the first discussion Bill 21.182 to reform the Labour Code, which proposes to change private sector working hours.
It was approved with 32 votes in favour and, if passed, would allow private sector employees to work a '4-3' schedule - 12 hours a day for four days followed by three days off.
The objective is to support employers in fulfilling their positive duty to eliminate sex discrimination, sexual harassment, and conduct that creates a hostile work environment because of sex and related acts of victimisation in the workplace.
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