Published May 8, 2020 | Version v1

РАБОТАЮЩАЯ ЖЕНЩИНА В «ИНТЕРЕСНОМ» ПОЛОЖЕНИИ: ПРАВОВОЙ СТАТУС

Description

The labor legislation of Ukraine contains the largest number of rights and benefits for pregnant women. The article analyzes the legal status of pregnant women workers, examines the nuances of applying certain norms in practice, and gives examples of situations that become the subject of labor disputes. In addition to the basic labor rights given to all employees, expectant and accomplished mothers are provided with additional guarantees from the state, which is normal civilized practice. This applies to hiring, providing easier work, certain restrictions on attracting a pregnant employee to business trips, night or overtime work, dismissal and the possibility of disciplinary punishments. Not all employers are ready to comply with regulatory requirements, which often leads to violations of women’s rights. At the same time, the employers themselves must be protected from certain tricks on the part of workers. The interests of the employer and the employee do not always coincide and, as a rule, each of them seeks to get as much income as possible with the expenses of their own resources (monetary, physical or intellectual). Meanwhile, both the employer and the employee must be aware of the need for absolute compliance with the requirements of labor legislation and take the necessary measures to fully implement the responsibilities assigned to them. Otherwise, regardless of the type and gravity of the offense, they can be brought to disciplinary, administrative or criminal liability. The state should exercise control over the observance of legislation in the labor sphere, since it is it that sets the rules for the behavior of employers and workers in the labor market. This function is entrusted to the State Department of Labor Law Supervision, the inspectors of which must exercise appropriate control to protect the labor rights of subjects of labor relations.

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Ученые записки. Том 26-187-198.pdf

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