Особенности формирования трудового законодательства в отношении женщин в России

There is no dispute about the fact that women tend to fare worse than men in the labour market; evidence of a wage gap in pay is abundant. This chapter attempts to complement this static picture with an examination of gender differences in promotion and wage growth. These issues relate to the ongoing debate about the existence (or otherwise) of a ‘glass ceiling’ above women in the labour market — an invisible barrier that inhibits promotion opportunities for women (but not men) and prevents women from reaching top-level (high-wage) positions in firms. Do such ‘glass ceilings’ exist and exacerbate the male—female wage differential? Or, on the contrary, are women able to take advantage of promotions and other opportunities for wage growth to catch up partially to male wage rates?KeywordsWage LevelWage DistributionWage GrowthGlass CeilingPromotion OpportunityThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

У статті досліджуються особливості гендерних стереотипів особистості жінки-військовослужбовця в умовах Антитерористичної операції й операції Об'єднаних сил. Наголошується, що у Збройних силах України маємо факти гендерної дискримінації, зокрема виразно це проявляється в умовах перебування жінок у зоні активних бойових дій, в зоні Антитерористичної операції й операції Об'єднаних сил. У роботі проаналізовано специфіку перебування жінок-військовослужбовців у зоні активних військових дій і супроводжуючі їх гендерні стереотипи. Утверджується теза про те, що ознакою європейського демократичного розвитку суспільства є гідне дотримання і розвиток гендерного паритету в Збройних силах держави. Обґрунтовується необхідність вивчення гендерних стереотипів щодо жінок-військовослужбовців у зоні Антитерористичної операції й операції Об'єднаних сил, що дозволяє розробити нові ефективні шляхи і методи для їх подолання. Подолання цих стереотипів, їх максимальна нейтралізація зумовить посилення й активізацію у Збройних силах України процесів гуманізації та емпатії.

Language policy is an essential part of the state national policy. It is focused on regulating public relations in three main directions: the use of the languages of the peoples of Russia in order to ensure their preservation and development, the formation of a set of measures that promote the use of the state language of the Russian Federation in official spheres of communication and expand its use in interpersonal informal communication (which is not regulated by law), ensuring guarantees for the study of the native language by its native speakers and popularization of the use of the national (native) language in the fields of education, creativity, and science. The implementation of language policy involves taking into account the plurality of identity, including cultural identity, linguistic identity, which can be considered, under certain conditions, not independently, but as elements of civic identity. The article examines the main directions of language policy, taking into account the combination of individual and collective interests in the fields of language and culture, which contributes to the development of both national languages and cultures and all-Russian symbols — the state language and all-Russian culture. The heterogeneous nature of the legislation of the subjects of the Russian Federation in the field of language policy implementation is emphasized. The directions of improving legislative regulation in order to ensure ethnocultural and linguistic diversity, the development of guarantees for the protection of national languages, and the improvement of the mechanism for the use of languages with different legal status are proposed. The dialectical method of scientific cognition aimed at the study of legal phenomena and processes in their interrelation and systemic unity, and other general scientific methods (analysis, synthesis, generalization) are used. Conclusion. Language policy in the interests of maintaining the cultural and national identity of Russian citizens requires taking into account at least two factors in its formation: the need to preserve and protect national culture and language as the basis for the formation of national identity, and strengthening the all-Russian civic identity, which allows a Russian citizen to recognize himself as a Russian. Its principles include the protection of the rights of Russian citizens in the field of culture and language, the promotion and preservation of national languages and cultures of each people of Russia, the adaptation of migrants to the language and culture of the host community, the protection of the linguistic rights of compatriots abroad, the protection of the state language as the main element of the all-Russian civil identity.

The article analyses the modern court decisions of the European Court of Human Rights on the formation and implementation of the principle of gender equality in Ukraine. The research defines that the importance of ensuring equal rights and opportunities for women and men for Ukraine was because Ukraine is a member of all major international and European regional agreements in the field of human rights. The authors state that this is due both to Ukraine's general commitments to promoting respect for human rights and fundamental freedoms and their adherence, as well as the fact that its participation in European integration processes is important for Ukraine. The research stipulates that gender equality provides equal rights for women and men, as well as their same significance, opportunities, responsibilities and participation in all spheres of public and private life. The authors prove that the pioneering work of the Council of Europe in the field of human rights and gender equality contributed to the development of a comprehensive legal framework. Gender equality is one of the organization's priority areas of activity, and the Council of Europe continues to actively address current and emerging challenges and address barriers to achieving real and complete gender equality. The research investigates the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol No12 in terms of prohibition of discrimination and ensuring gender equality. It also determines that the conceptual principles of these documents are the protection of human rights, support for democracy and ensuring the principle of the rule of law. The article states that, in particular, the modern legal instrument in the field of gender equality is the Council of Europe's Gender Equality Strategy 2018–2023. The document provides for the achievement of the main six goals. These include combating gender stereotypes and gender discrimination; preventing and combating violence against women; ensuring equal access of women to justice; ensuring equal participation of women and men in political and public decision-making; implementation of the strategy for achieving gender equality in politics and all activities; protection of the rights of migrants, refugees, women and girls seeking asylum. The authors prove that the establishment of the European value of gender equality should be ensured both in society as a whole and in its various institutions, in particular. This is primarily to prevent gender discrimination, ensure equal participation of women and men in making socially important decisions, ensuring equal opportunities for women and men to combine professional and family responsibilities, prevent gender violence, etc. Keywords: Gender Equality, European Standards, Legal Mechanism, European Court of Human Rights, Discrimination, Equal Rights.

The inclusion of women in the labor market came in a scenario full of inequalities and discrimination. Then, the Waves of Feminism arised to try to gradually subtract the gender distinction and to pursue an egalitarian society that respects the personal identity in addition to gender stereotyping. However, decades later, feminist struggles have not yet fully reached their goal and women continue to suffer social discrimination, especially when they decide to subvert sexist narratives of power and occupy places considered as masculine, such as the presidency of an entity. With a qualitative and exploratory nature, supported by Gender Theories and the “glass ceiling” phenomenon (invisible barriers that hinder professional growth), this study aimed to investigate, in the trajectory of women who hold the presidency in the Regional Accounting Councils (CRC), what are the motivating and motivating elements, as well as the barriers and difficulties for them to occupy the presidencyTo achieve the objective, semi-structured interviews were conducted with the seven elected chairwomen, who presided during the 2018-2019 term. These interviews were analyzed using Content Analysis and the Critical Incident Technique with the aid of the QSR-Nvivo software. The main finding of the research is that the barriers and difficulties were mitigated through the gender stereotypes conceived by the chairwomen, who saw these factors as boosters in their trajectories. This is due to the fact that discrimination is beyond the Councils and literature, is intrinsic in the structure of society, between the lines of relationships - which naturalizes and, at times, makes the symbolic violence suffered imperceptible, but does not prevent the breaking of barriers and the breaking of the 'glass ceiling', with regard to the rise to leadership positions as investigated in this research. Based on the narratives, the importance of personal and professional influences, such as family and Council support, mainly the sorority of other women, was confirmed to demystify the stereotypes of female incapacity intrinsic in the Councils structure. It was also found that the professional appreciation perceived by all chairwomwn results in a feeling of professional fulfillment and social representativeness, with respect to the importance they attach to the position occupied by them as leadership. The speeches also pointed out that gender and generalization were present throughout the professional career of the CRC chairwomen, even though such gender distinction was not noticed or considered as a factor of difficulty by them due to the positioning strategies to maintain their career and their professional position.

Research on sex stereotypes suggests that gender bias is an invisible barrier—the so‐called glass ceiling—preventing women from breaking into the highest levels of management in business organizations. Using data from a state‐based professional HR organization, we investigated this phenomenon in the field of HR management. Building on the lack of fit model of gender discrimination and previous research, we tested two hypotheses: that women in HR are more likely to be concentrated in lower‐level managerial positions in organizations that emphasize employee involvement (because of a related emphasis on stereotypically feminine managerial abilities) and that women in HR also are more likely to be concentrated in lower‐level managerial positions in organizations that emphasize strategic human resource management (because of a related emphasis on stereotypically masculine characteristics). Our results support the first but not the second hypothesis. Theoretical and practical implications related to the glass ceiling are discussed. © 2008 Wiley Periodicals, Inc.

The term ‘labour market’ refers to the supply and demand for hours of work by workers who have similar skills; there is a labour market for hairdressers, therefore, and a labour market for electricians. In the arts, there is a labour market for classically trained singers, one for actors and another for potters. As in goods markets, what differentiates one market from another is the extent to which there is substitutability – in this case, between one type of worker and another. The ability to do certain types of work distinguishes specific occupations. Labour markets Supply and demand work in labour markets as they do in goods markets. Workers offer hours of work at various rates of pay; the higher the wage rate, the more hours they are in general willing to work. On the demand side of the market, employers demand more hours of work as wage rates fall. The wage rate is the price per hour of labour. At the equilibrium wage rate, the number of hours supplied and demanded is equal. This can also represent the level of employment in terms of the supply and demand for the number of workers in a labour market.

The objective of this chapter is to explore the concept of the glass ceiling in the UAE’s rapidly growing economy amid the present regional political and social unrest. The glass ceiling is generally defined as an invisible barrier that prevents women from reaching senior positions in organizations. It consists of an infinite number of cultural and gender biases that are not always immediately identifiable or visible except to those who are affected by it. The glass ceiling is a particular phenomenon that has an impact on women, and it is not to be confused with a differential system of rewards in organizations that affects both genders (Cotter et al., 2001). It is a constructed plateau beyond which women are denied an opportunity to advance into senior levels of management, an unfair routine practice that denies appropriately qualified women the opportunity to reach top-level jobs merited by their performance. Recently, Smith (2012) tested the glass ceiling hypothesis and concluded that worldwide, relative inequality remains constant both at higher and lower levels of authority, where men hold an advantage over women and minorities. Today, corporate success for women means taking on male-type behaviors and competing on men’s terms.

Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to interested parties. obstacle to the exercise of the right. Resolution of legal conflicts is possible not only through a jurisdictional form of protection. A non-jurisdictional form of protection of civil rights is the independent protection of a person of his violated rights. That is, the person does not apply to the competent state authorities. In fact, it is the commission of actual actions aimed at protecting and securing their personal property and other non-property rights. The purpose of the paper is a thorough study of models of non-jurisdictional protection of property rights in the system of protection of civil rights by analyzing the theoretical and practical aspects of using alternative methods of protection of private rights in general and mediation. Result. It is determined that the non-jurisdictional form of protection of civil rights is the actions of citizens and organizations aimed at protecting their own civil rights, freedoms, and legally protected interests. It is noted that these actions are carried out and implemented by eligible entities independently, without seeking legal assistance from government agencies and structures, as well as officials. It is determined that the mechanism of legal protection is implemented in non-jurisdictional ways in the field of legal regulation when it is necessary to overcome and eliminate obstacles that arise in the exercise of rights and legitimate interests of the subject of law, in other words – to quickly protect (ensure) legal status. It is determined that in international practice, namely in European countries, the basis of non-jurisdictional protection of property rights is mainly in the use of negotiation and mediation procedures. Non-jurisdictional form, which is usually local in nature, is achieved as a result of actual actions, occurs not in jurisdictional or procedural forms, but within the protected substantive legal relations, which are the subjects of such legal relations (usually imply The main difference between jurisdictional and non-jurisdictional forms of protection of rights is that the protection of rights in jurisdictional form is carried out by the competent state and public authorities with each of them a certain procedural order of activity, while protection in a non-jurisdictional form takes place within the framework of a substantive legal relationship and is carried out by the parties themselves in the legal relationship. Conclusion. The study proves that in Ukraine, priority should be given to the development of various forms of out-of-court dispute resolution. The basis for this should be the legislative consolidation of out-of-court settlement of civil disputes as one of the basic principles of protection of violated private rights (of course, without revoking or replacing the right to judicial protection). Non-jurisdictional methods of protection of private rights are defined in the legislation of Ukraine and can be used due to the dispositive nature of the civil law method of regulation. However, this is insufficient, as participants in civil legal relations in case of violation of their rights are primarily confronted in the law with a defined right to judicial protection of violated rights, and often consider the court as the only possible form of protection.

The article examines the system of administrative and legal protection of children's rights in Ukraine and its constituent elements. The structure of the mechanism of the system of administrative and legal protection of children's rights in Ukraine and its role in ensuring the rights, freedoms and legitimate interests of the child are characterized. As a result of the study, an approach to understanding the content and essence of the system of administrative and legal protection of the child's rights and its categorical apparatus was formed. Ensuring human rights and freedoms is one of the most urgent problems for legal science and state activity. An important place among its components is the protection of children's rights, the specifics of which are determined both by the characteristics of the age, physical and mental state of children, and by the sphere of activity of state authorities regarding the protection, protection and guarantee of their rights and freedoms. Turning to the administrative and legal protection of the rights of the child, it is worth noting that during its implementation, state authorities are necessarily involved and their managerial influence is applied to ensure the legal status of the child in society and the state. That is, how state authorities ensure the rights, freedoms and legitimate interests of the child, as well as contribute to their development. It is emphasized that the administrative and legal protection of human rights, in particular of the child, corresponds to the main content of state administration, i.e. the regulation of social relations in certain spheres of public life through the use of measures of administrative influence. Means of administrative-legal protection of the rights of the child are the key structural-instrumental legal links that ensure the administrative-legal status of the child and its protection in case of violation. They are characterized by imperativeness, publicity, systematicity and the prospect of legal consequences as a result of application, which is extremely important for the administrative and legal protection of children's rights in Ukraine. The protection of the rights of the child is carried out by combining the efforts of a number of legal categories of normative and institutional content, namely, a set of legal norms and specific mechanisms that, within the framework of these norms, ensure the protection of the rights of the child.

In recent years, women and in addition gender orientation issues have transform into a noteworthy zone of concern. Classes, workshops are being held over the world to talk about women issues and women movement in all regions of life.Glass-Ceiling’ is that buzzword which traditionally was not a barrier to individual as such, but it was a barrier to women. Thus ‘Glass-ceiling’ is that kind of intangible barrier that is a great hindrance within a hierarchy of any organization which hinders the growth path of women in achieving top positions in workplace. The glass ceiling effect, which refers to the barriers that stop women from advancing to the top positions in their organizations. It is a form of gender discrimination. The present study is carried out to analyze the intent of the glass ceiling in the workspaces in IT sector in 02 cities of Haryana and Uttar Pradesh State, i.e., Gurugram and Noida (NCR Region). This study was conducted with the help of primary data through the recording of responses of 215 respondents working in public and private IT Sector companies of the selected areas. The primary data has been collected with the help of a well-structured questionnaire. This study will be helpful for the research scholars and the decision makers in knowing the presence of the glass ceiling in the IT sector.

The last chapter presented two models of occupational sorting by strength and argued that, in the more competitive portions of the labor market, the division of labor between the sexes can be explained by comparative advantage. This chapter will present statistical tests for occupational barriers in agriculture. Both discrimination and free markets would imply that men and women worked different jobs. This chapter will attempt to distinguish between those two theories by testing whether the labor market was segmented or integrated. If customary barriers kept women in certain types of work, then changes in the supply of or demand for their labor would not influence the wage or employment of male workers. However, if the division of labor was the result of the sorting models presented in the last chapter, then men and women should be substitutable, and changes in the wages of one sex should affect the labor market opportunities for the other sex. Having established that sex differences in wages and occupations are not proof of occupational segregation constraints, I will now provide evidence that the agricultural labor market did not have discriminatory occupational constraints. The results in this chapter will show that men and women were hired in an integrated labor market; employers were willing to substitute men and women workers in response to wage changes. As we shall see in later chapters, these results do not apply to the entire labor market. The evidence provided here is for agriculture only.

It is emphasized that imperfection and the presence of conflicts in labor and civil legislation have led to the spread of abuses in the labor market. Somewhat «vulnerable» was the provision of employment services, where a fifth of the agreements between the intermediary, the employer and the employee are unpromising. It is emphasized that most employment agreements in the labor market are concluded in such a way that the terms of employment and the nature of the profession, as well as the responsibilities of the employer are very vague, resulting in Ukrainian citizens getting jobs that do not suit them, limit their rights but the terms of the agreement are not formally violated. Meanwhile, in the labor market is gaining momentum options that have elements of deception, and are no longer in the plane of civil law, and are subject to criminal law assessment. The article is devoted to the study of criminological significant features of fraud methods in the field of employment services. Attention is paid to the description of methods, clarification of their features, the implementation of their systematization. It is emphasized that fraudulent actions can be committed by persons related to the labor market - intermediaries, employers and the unemployed (61%), and persons who intentionally pretend to be such persons (49%). At the same time, fraudulent actions can be committed in different sectors of the labor market, in different periods, in different spaces. Based on different classification criteria, all options for fraudulent employment are summarized according to the following criteria: Depending on the subject: 1) persons related to the labor market; 2) persons who intentionally impersonate such persons. Depending on the industry affiliation: 1) fraudulent actions in the field of material production; 2) fraudulent actions in the field of goods and services - non-productive. Depending on the space: 1) deceptive actions in the domestic labor market; 2) fraudulent actions related to employment abroad; 3) fraudulent actions related to getting a job on the Internet (remote access). Depending on the location of employment intermediaries and employers: 1) fraudulent actions committed in offices that have a factual or legal address (fictitious and real employment firms); 2) fraudulent acts committed in "virtual employment centers". According to the legitimacy of labor activity: 1) deceptive actions when offering official employment; 2) fraudulent actions when offering illegal employment. Depending on the forms of employment: 1) fraudulent actions when offering full employment; 2) fraudulent actions when offering a flexible work schedule. Depending on the duration of employment: 1) fraudulent actions when offering long-term employment; 2) fraudulent actions when offering temporary employment (seasonal work, performing a certain type of work during a certain period, etc.).

The struggle of women to enter the labor market has generated positive effects in their lives, as it has allowed them, in some cases, to improve their social status, with respect to their productive and reproductive roles. Nevertheless, the same labor market has also hampered female career advancement, since it has limited women’s access to managerial, strategic, or decision-making positions, as if there were an invisible barrier known as the <em>glass </em><em>ceiling effect</em>. This review article analyzes this effect, its conceptualization, the theory that sustains it, its empirical application, and public policies, in order to understand the dynamics of workplace discrimination by gender in some Ibero-American countries. The main findings suggest that occupational and wage discrimination against women is the result of social prejudices determined by the sexual division of labor, since educational level and work experience are not what cause women’s stagnation, which indicates that markets are functioning without equity.

The current state of centralized and local legal regulation of labor relations in Ukraine has been studied and its shortcomings have been identified. The points of view of scientists regarding the essence of centralized and local legal regulation of labor relations have been analyzed. It has been indicated that Ukraine, positioning itself as a social, legal state and a future member of the European Union, should centrally establish social standards in the field of labor that correspond to those adopted in the European Union, while not reducing the existing level of existing social guarantees, as well as ensure them proper implementation and protection. Centralized legal regulation of labor relations in Ukraine should be based on a modern codified normative legal act, which will ensure a full-fledged comprehensive regulation of labor relations, implementation and protection of the rights of employees, compliance with the interests of employers, and also contribute to the development of local rulemaking. It has been justified that the focus on the protection of the employee's rights should continue to be the conceptual line of the centralized legal regulation of labor relations. The idea of balancing the interests of the employee and the employer is acceptable under certain conditions at the local level when concluding collective agreements, where it takes the form of a compromise. Here, balancing the interests of employees and employers can exist to the extent permitted by labor law. Attention has been drawn to the fact that modernity requires ensuring the development of collective contractual regulation of labor relations. The collective agreement, as the main local regulatory act in the field of labor, should comprehensively regulate labor relations within a specific enterprise, institution, organization or individual who uses hired labor. The conclusion of a collective agreement involves the search for a compromise between the employees and the employer in the process of establishing working and rest conditions. The collective agreement must provide for the mechanisms for fulfilling the established obligations and take into account the financial capabilities of the employer, which will make it a real and effective means of legal regulation of labor relations. It has been proposed to supplement Art. 11 of the Law of Ukraine “On the Organization of Labor Relations in Martial Law” part 2 with the following content: “During the period of martial law, it is not allowed to suspend the provisions of the collective agreement regarding wages, labor protection, medical care, ensuring equal rights and opportunities for women and men , measures aimed at preventing, countering and stopping mobbing (harassment), prohibition of discrimination”.