Scholarly record

GENDER INEQUALITY OF LABOR LEGAL REGULATION: DISCRIMINATION ON SEXUAL CHARACTERISTICS OR REASONABLE DIFFERENTIATION OF LABOR CONDITIONS?

A.A. Sapfirova, V. V. Volkova

Abstract

The aim of this research is justification of differences in legal regulation of men and womenВ’s 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, employersВ’ 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 womenВ’s work, that can lead to part-time or temporary womenВ’s 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 itВ’s 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 donВ’t 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 womenВ’s labor, reversing ideas of discrimination on sexual characteristics in suitable norms.

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