The normative basis of the principle of gender equality legislation of Ukraine on labor and employment

Abstract

The purpose of the article is to clarify the system of acts of the current legislation of Ukraine on labor and employment, which contains norms that reflect the complex essence of the principle of gender equality in the field of labor and employment. The position is substantiated, according to which the normative basis of the principle of gender equality consists of international legal acts (in force on the territory of Ukraine due to their universal mandatory nature or as a result of their ratification by the Ukrainian Parliament), as well as acts of national legislation that contain, in particular, general the idea of legal equality between men and women and/or the idea of equality between men and women in the field of work and employment. The author notes that the international legal level of the normative basis of the principle of gender equality in the field of labor and employment includes: international legal acts in the field of international legal order, human rights, relating to gender equality in the field of labor and employment; international legal acts in the field of labor and employment, which declare gender equality of people in the relevant field (conventions of the International Labor Organization). The national level of the normative basis of the principle of gender equality in the field of labor and employment is connected with separate norms of the Constitution of Ukraine, the Code of Labor Laws of Ukraine, the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”. women who are pregnant, have given birth to a child, are nursing babies, are in an extremely vulnerable state (in the context of the general labor law regime). Therefore, such women are objectively less competitive in the labor market and need positive discrimination (in fact, the expansion of the non-gender approach to determining the legal status of an employee), measures for the implementation of which are provided for by the labor legislation of Ukraine, given that our state is a social and legal . Taking this into account, women who perform the social role of mother, and motherhood reduces their competitiveness in the labor market, possessing a non-gender legal status of an employee, are additionally granted the status of a female worker, which is not a violation of the principle of gender equality in the field of work and employment, but on the contrary - an important condition for its proper (socially safe) implementation.