Differentiation of legal regulation of the employment relationship creation by gender

Shulzhenko, Ihor and Шульженко, Ігор Владиславович (2016) Differentiation of legal regulation of the employment relationship creation by gender. Інтелект, особистість, цивілізація (12). pp. 89-97. ISSN 2079-4835

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Abstract

In conditions of market-driven economy and business competition on the labor market, the differentiation of legal regulation on the gender-based principles requires improvement for further ensuring social and labor rights of working women. Problems of legal regulation differentiation of employment are considered in works of specialists in labor law such as V.I. Prokopenko, N.B. Bolotin, O.V.Smirnov, R.Z. Livshits, V.M. Tolkunova. However, in conditions of market-driven economy the problem of differentiation of legal regulation on gender-based principles requires additional researches. The purpose of the article is legal expertise of effectiveness of legal norms, which differentiate legal regulation of gender-based employment in contemporary conditions of market-driven economy. Authors carried out the analysis of criteria of legal regulation differentiation of employment, outlined historical, social, and legal aspects of legal regulation differentiation of gender-based employment and made propositions regarding improvement of Ukrainian legislation, norms of which unite working women in separated category of employees. Researches define that legal regulation differentiation of employment on gender-based principles lies in providing to working women additional benefits and advantages. But, if benefits are used independently of woman’s will, than they are not completely benefits, because subject should define the necessity of certain benefits by himself. And if these benefits have certain legal restrains and legal prohibitions, than they can affect working women negatively. Authors make a conclusion that in conditions of market-driven economy Ukrainian legislation should give additional protection to women, which execute maternity function (are pregnant or have little children) and simultaneously should not implement legal restrains for working conditions choice (working at nights, on hard and underground works).

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