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GENDER INEQUALITY OF LABOR LEGAL REGULATION: DISCRIMINATION ON SEXUAL CHARACTERISTICS OR REASONABLE DIFFERENTIATION OF LABOR CONDITIONS?
Abstract
The aim of this research is justification of differences in legal regulation of men and womens labor, caused by particular support of women and revealing importance of well-balanced differentiation of their labor conditions. For these purposes normative legal acts, containing standards of labor law and also Conventions of International Organization of Labor were analyzed. Among basic conclusions, made during research, we can note the following ones. First, employers unwillingness to conclude labor contracts with women on economical reasons can lead to non reasonable refusals to women to hire them and to discriminate them in establishment labor conditions, including salary. Secondly, legislator limits possibilities of men and women for equal labor in all the branches of economy, prohibiting womens work, that can lead to part-time or temporary womens employment, reflecting negatively on the economic growth of the employer. Third, making difference between norms for labor of men and women, legislator relies on physiological particularities of men and women organisms. However its necessary to keep in mind also different perception of labor functions content by men and women, their abilities to achieve results by different ways, which dont decrease efficiency of each one. Lack of appreciation of these particularities by employers makes obstacles to career growth of women. Research of labor legal regulation of men and women will allow employer to distribute correctly labor rights and duties between all the employees and consequently to increase his economical potential, it will also allow legislator to differentiate reasonably men and womens labor, reversing ideas of discrimination on sexual characteristics in suitable norms.
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References13
Statement of SC of RSFSR from 1 November 1990 № 298/3-I «About urgent measures on improvement of women’s lives, family, motherhood and childhood protection in the countryside //Bulletin of the Deputes Congress and Supreme Council of Russian Federation, 15 November 1990 № 24, art..287
Statement of Government of Russian Federation from 25.02.2000 № 162 «About approval of list of heavy activities and activities connected with harmful or dangerous conditions of labor, which are prohibited for women» //Collection of legislation of Russian Federation, 06.03.2000, № 10, art. 1130
Convention №183 «About revision of Convention (revised) 1952 about motherhood protection»
Statement of Government of Russian Federation from 06.02.1993 №105 «About new forms of maximum allowable workload for women using lifting heavy weights by hand » // Collection of Acts of President and Government of Russian Federation, 15.02.1993, № 7, art. 566
Statement of Supreme Court of Russian Federation 28.01.2014 № 1 « About application of legislation, which regulates the women’s labor, people with family duties and minors » //Bulletin of Supreme Court RF, № 4, April, 2014
Convention «About liquidation of all the forms of discrimination in relation to women ( Concluded 18.12.1979) ///Bulletin of SC of USSR /, 23 June 1982 . № 25, art. 464
Declaration of liquidation of discrimination in relation to women (Accepted 07.11.1967 by the Resolution 2263 (XXII) on the 1597 plenum meeting of session of General Assembly of UNO )
Convention № 111 of International organization of labor «Related to the discrimination of labor and studies» (25.06.1958 on 42- session of General Assembly of IOL) // Bulletin of SC of USSR,1 November 1961 № 44, art. 448.
Definition of Constitutional Court of RF 22.03.2012 № 617-О-О «About refusal in admission to consideration of citizen Klevetch Anna Jurievna’s complaint on violation of her constitutional rights by 1 and 3 parts of article 253 of Code of Labor of Russian Federation and by point 374 of unit XXX list of heavy activities and activities connected with harmful or dangerous conditions of labor, which are prohibited for women »
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Frolova E.V., Medvedeva N.V., Kabanova E.E., Kurbakova S.N., Vinichenko M.V. Social partnership in Russia: prerequisites, problems and trends / Russia, 2016, vol. 7 / issue 2, pp. 221-228. DOI: 10.14505/jarle.v7.2(16).05.
Sapfirova A.A., Volkova V.V., Petrushkina A.V. Federal Labour Inspectorate Principles of Activity: Certain Aspects of Their Implementation / Mediterranean Journal of Social Sciences, vol. 6, No. 2, Supplement 4, April 2015. p.9-12
Galiakbarova G.G., Zharkenova S.B., Kulmakhanova L.S. Revisiting jurisdiction of individual labour disputes in the Republic of Kazakhstan: comparative legal analysis of the labour law application in countries near and far abroad /Journal of advanced research in law and economics, Republic of Kazakhstan, 2016, vol. 7 / issue 1, pp. 64-74. DOI: 10.14505/jarle.v7.1(15).08
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