Journal article Open Access

Some Issues of Gender Discrimination in Labour Relations

O.Yu. Biedovska

The article analyzes various aspects of gender equality which are stipulated in legislation regulating labour relationship. The author aims to research various aspects of discrimination by gender in labour relations, to identify and analyze the major problems which prevent counteraction to gender discrimination in labour law. One of the main priorities in development of Ukrainian legislation is to ensure gender equality not only in labour relations but also in other spheres of public life. That is why persons who enter labour relationship expect the state to ensure the principle of equality which prohibits discrimination. For better understanding of the problem the article provides a short theoretical analysis of the problem as well as lists national and international legislation which nowadays ensures equality of rights based on gender. The author also the draft law of a new Labour Code which is not under consideration of the Verkhovna Rada of Ukraine but is still important to be researched from historical perspective. In order to analyze the compliance with principle of equality in labour law the article has analyzed various types pf labour relationship between the employer and the employee or a future employee. The author also investigates pre-labour relationship which is undergoing the interview and advertisement (placement of vacancies). It is essential to mention that the article has also analyzed the means for ensuring the principle of equality in labour relationship by the state. It is noteworthy to state that important and actual problems which should be solved and regulated have been identified during such kind of an analysis. In conclusion the author, first, focuses on relations which are not sufficiently regulated and provides alternative options for solution of these problems and, second, mentions the relationship which should be regulated by dispositive method to keep the freedom of choice for the employer and employee. At the same time the author realizes that the list of problems is not exhaustive, and the solutions are not ideal and thorough. That is why it is necessary to continue investigating the issue of gender discrimination in labour law.

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