Job deviation and equal pay
Colégio Marista

Do you do work different from your job title, or earn less than colleagues in the same role at Colégio Marista? Understand job deviation (desvio de função) and pay equalization.

Updated on October 24, 2026

What to do, step by step

Compare what appears in your work card and contract with the tasks you actually perform at Colégio Marista.
Keep evidence: emails, schedules, messages, job descriptions and internal notices showing the tasks performed.
For pay equalization, the law requires, among other conditions, the same role, work of equal value, the same location and a difference of no more than 4 years of service at the company and 2 years in the role (art. 461 of the CLT (Brazilian Labor Code)).
Absent an express clause, the employee is understood to have agreed to work compatible with their personal condition (art. 456, sole paragraph, of the CLT); therefore, each case depends on the contract and the tasks.
Contact your trade union, the MTE (Ministry of Labor and Employment, Disque 158) or a lawyer; a claim must be filed within 2 years after the contract ends.

Official channels for workers

Labor inspection: MTE · 158
Public Labor Prosecutor’s Office: MPT: guidance and complaints
Labor Courts: Superior Labor Court (TST)

Frequently asked questions

Does job deviation entitle me to higher pay?

It may, depending on the case, when the tasks performed correspond to a better-paid position and an applicable rule exists. The analysis is individual.

Can I request pay equalization with a colleague who has already left?

It may be possible, under the requirements of art. 461 of the CLT, but you must identify the colleague used as the comparator (paradigma) and prove the requirements. Each case requires analysis.

How can I prove job deviation?

With documents, messages, emails, schedules and witnesses describing the tasks actually performed.

What to do, step by step

Official channels for workers

Frequently asked questions

Related guides