CERTAIN LEGAL ASPECTS OF THE GENDER DISCRIMINATION IN THE LABOR MARKET
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 27)Publication Date: 2020-05-31
Authors : Shvets Nataliia; Bodeiko Valeriia; Yasharova Daria;
Page : 129-136
Keywords : gender discrimination; labor market; vertical gender segregation; horizontal gender segregation; glass ceiling; gender pay gap;
Abstract
The article provides a thorough analysis of the discriminatory position of women in the labor market using international and domestic statistics. It's characterized basic legislative gaps during employment, as reflected in the Law of Ukraine «On Advertising» and in the Chapter 3, Section I of the Ministry of Health of Ukraine № 256.It's also identified the impact of gender stereotypes on labor relations and proposed the introduction of public education programs under the leadership of the Government Commissioner for Gender Policy in order to overcome the stereotyping of the population. It's detected the issues of unequal pay for women on the stage of the work function, due to certain features. Horizontal gender segregation and hidden vertical segregation (the effect of «glass roof») take symbolic place among them. As a solution, it is proposed to amend the tax legislation by introducing an author's version of the article to reduce the tax burden for the category of employers who adhere to the gender balance in the distribution of jobs. For additional leveling of vertical gender segregation, which is also due to low mobility of women, it was concluded that it is appropriate to include in the Labor Code of Ukraine a rule that allows any person to work at night, regardless of gender and family responsibilities, with her or his written consent. It is also proposed to solve the problem of proper reconciliation of a woman's work and maternity responsibilities by implementing Sweden's legislative position on the equal distribution of family responsibilities. It's identified a low level of protection of gender labor rights in the courts and it is leads to virtually unpunished discrimination against women. To confirm this fact, a comparative analysis of court decisions of the United Kingdom and Ukraine was conducted, which showed that the financial interest of victims of violations of the principle of non-discrimination on the grounds of sex is disproportionately higher in developed European countries.
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