Ensuring the freedom to conclude an employment contract and gender equality in employment under martial law

Abstract

The state of ensuring the freedom to enter into an employment contract and gender equality in employment under martial law conditions has been studied. It has been proven that getting a job is an important event in the life of every person who, in connection with this, acquires the status of an employee, performs the work specified in the employment contract, and receives wages for the work performed in order to provide oneself and family with the means to existence. The national labor legislation provides for a number of guarantees to ensure the labor rights of a person when hiring. A special place among such guarantees is the provision of freedom to conclude an employment contract and gender equality upon hiring.

The point of view of the scientists regarding the content of the categories “freedom of labor contract” and “equality” has been studied. The norms of national legislation, which provide for the freedom to conclude an employment contract and gender equality in hiring, have been studied. It is indicated that the labor obligation, introduced today under martial law, which does not require the mandatory consent of the person in respect of whom the corresponding labor obligation is introduced, as well as his/her registration in an employment contract, destroys the understanding of the employment contract as an agreement between the parties on working conditions based on free choice.

Proposals and recommendations for improving national legislation have been provided. The expediency of expanding the list of persons who are prohibited from engaging in socially useful works has been substantiated, for this purpose the paragraph 6 of the Procedure for involving able-bodied persons in socially useful works in conditions of martial law, approved by Resolution of the Cabinet of Ministers of Ukraine dated July 13, 2011 No. 753, has been proposed to be set out in the following edition: “It is forbidden to involve minors, pregnant women, women with children under the age of three, as well as persons with disabilities in socially useful works, if the performance of such works may negatively affect their health”.

In order to strengthen the regulatory provision of gender equality in employment, it is proposed to: 1) delete the word “may” after the word “employers” and change the ending of the word “implement” in Part 4 of Article 17 of the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”; 2) to supplement the employer’s duties provided for in Part 2 of Article 17 of the Law of Ukraine “On ensuring equal rights and opportunities for women and men”, as follows: “do not allow discrimination based on gender when concluding, changing and terminating an employment contract”.