ВОЗРАСТ КАК ФАКТОР УЯЗВИМОСТИ РАБОТНИКА В ТРУДОВОМ ПРАВЕ

Abstract

Introduction: the article studies the influence of an individual’s age on their vulnerability in labor relations. Purpose: to analyze the legal regulation applied to age-vulnerable groups of workers in labor law, to identify the factors of vulnerability, and to propose the directions of improving labor legislation taking into account the ILO policies and the experience of individual foreign countries. Methods: the methodological framework of the research is based on general, general scientific methods as well as some special methods (system-structural, formallegal, comparative-legal). Results: the UN approaches to the concept of vulnerability and vulnerable groups in international law have been studied. At the current stage, the protection of vulnerable groups is closely linked to the concepts of equality and non-discrimination, with the age factor serving as the basis for differentiation of legal regulation in labor law. The authors put forward a thesis that the first vulnerable categories of workers differentiated by age were minors, while older workers were not considered a vulnerable group until the end of the 20th century and did not have a special status despite the problem of ageism. The authors substantiate the presence of three vulnerable groups of workers distinguished by age: youth (including minors), women of childbearing age, and older persons. It is argued that a woman’s childbearing age should be recognized as a factor of vulnerability, but only when work is accompanied by harmful and dangerous conditions; in general, the significance of this factor is reducing, including due to the position of international bodies. It is noted that modern Russian labor law focuses on protecting the labor rights of minors, while they are young people aged 15 to 24 who are the most vulnerable in the labor market, as evidenced by the high rate of youth unemployment in this age segment. Analyzing the reasons for the lack of comprehensive legal regulation of youth labor at the state level, the authors turn to the strategies of transnational corporations aimed at attracting young professionals, as well as to successful foreign practices aimed at stimulating youth employment. Assessing the legal regulation of older people’s labor in Russia, the authors conclude that it does not yet fully take into account international approaches to the role of older people in the labor sphere. Older persons are a heterogeneous group, so the purpose of legal regulation is to properly place the emphases. The main goal of differentiating the legal regulation of work of persons nearing retirement age is to ensure their staying in employment and protect them against discrimination, while for persons who have already reached retirement age – to promote their health preservation and self-realization. Conclusions: the authors state the vulnerability of employment among young people over 18 and older persons, the lack of differentiation of their status in labor law, and suggest ways to improve labor legislation in order to reduce the vulnerability of employees depending on age.