Manifestation of the principle of equal rights and opportunities during employment

Abstract

Problem setting. Equality of rights and opportunities is a fundamental principle of labor law, which guarantees nondiscriminatory access to labor and is the basis of a stable labor market. In Ukraine, its importance is growing in the context of harmonization of legislation with EU norms and the challenges of wartime. Despite the legislative consolidation, the effectiveness of the principle is limited by existing hidden forms of discrimination, insufficient control and difficulties of judicial protection. In view of these challenges, especially in conditions of martial law, scientific analysis and development of effective mechanisms for ensuring equality in the labor sphere are necessary both from a theoretical and practical point of view. Analyses of recent researches and publications. The issue of equality of rights and opportunities in the labor sphere has been widely reflected in the scientific works of domestic scientists, in particular V. Andriyiv, M. Baru, N. Vapnyarchuk, N. Getmantseva, L. Gruzinova, I. Dmitrieva, V. Zhernakov, T. Zanfirova, Z. Kozak, V. Korotkina, G. Mytrytska, P. Pylypenko, V. Prokopenka, O. Protsevsky, O. Yaroshenko, etc. A significant number of studies are devoted to the analysis of legal mechanisms for preventing discrimination, guarantees for the implementation of labor rights, and practical aspects of applying the principle of equality in labor relations. Article’s main body – research into the content of the principle of equal rights and opportunities during employment, as well as one of the key manifestations of its violation unjustified refusal of employment. Conclusions and prospects for the development. Compliance with the principle of equal rights and opportunities must be implemented at all stages of labour relations: when hiring, transferring to another job, paying for labour and dismissing. Since ensuring equal rights and opportunities in the labour sphere is a mandatory requirement of a democratic state based on the rule of law. But first of all, compliance with this principle should begin at the stage of job search, during employment. The principle of equal rights and opportunities during employment consists in ensuring equal opportunities for all citizens in choosing a profession, exercising the right to work and entering into labour relations, regardless of their gender, race, age, nationality or other personal circumstances. This includes: legal equality, i.e. all citizens have the same rights before the law in the labour sphere; prohibition of discrimination, in particular, unjustified refusal to hire or any direct or indirect advantages when concluding an employment contract are not allowed; freedom of choice of work, i.e. everyone has the right to freely choose the type of work activity and realize their abilities without discrimination; state guarantees, in particular, the state creates conditions for the implementation of this right, in particular through vocational training and retraining programs. One of the key manifestations of the violation of the principle of equal rights and opportunities in the labour sphere is an unjustified refusal to employ. In particular, an unmotivated refusal to hire an employee for work in the presence of vacant jobs, as well as for reasons that do not relate to the professional and business qualities of the employee (the set of knowledge, skills and abilities possessed by an individual that are necessary to perform the relevant labour function), is considered unjustified.