Problem of Description of the Characteristic Features of Discrimination in the Labor Sphere
Abstract
The Constitution of Ukraine guarantees the right to labor to everyone, including the possibility to earn one’s living by labor that he or she freely chooses or to which he or she freely agrees. However, discrimination is still one of the main problems in the labor sphere.
The article is focused on studying the problem of discrimination in the labor sphere. The author of the article has studied the problem of description of the characteristic features of discrimination in the labor sphere because there is no single point of view on this matter in the theory of labor law.
The analysis of legal literature, the corresponding normative and legal material has been carried out. While analyzing legal literature, regulatory base, international legal acts and the judgments of the European Courts of Human Rights the author has established and revealed the features of discrimination in the labor sphere. At the same time, based on the views of current authors, the nature of discrimination in the labor sphere has been revealed.
It has been substantiated that the Labor Code of Ukraine needs to be updated, based on the realities of the present day. Based on a consistent analysis, the author has elaborated propositions to eliminate differences in the current regulatory acts. First and foremost, their availability is due to the obsolete version of the current Labor Code of Ukraine. Therefore, the range of propositions has been formulated related to the current labor legislation improvement concerning the discrimination’s non-admission in the labor sphere. Thus, the most appropriate way of solving the problems of discrimination in labor relations is the adoption of the new Labor Code of Ukraine and active participation of Ukraine in international relations on the harmonization of national labor legislation with international and European standards.
The practical significance of the article is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a comprehensive analysis of the content and legal features discrimination in the labor sphere. The author has emphasized the necessity of forming legal definition of discrimination in the labor sphere.
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