RIGHTS OF WOMEN WHO COMBINE WORK AND MATERNITY UNDER THE LABOUR CODE DRAFT BILL

Abstract

Problem setting. The Labour Code of Ukraine, as well as numerous regulatory legal acts belonging to other branches of law, are a part of the so-called «visa-free» package of laws, and therefore is extremely important. The Labour Code of Ukraine draft bill has passed first reading at the Parliament of the country on 11 November, 2015. Traditionally one of the most sensitive issues in the content of the Code is the legal regulation of women employment – subjects that in a certain period of their life in connection with the performance of reproductive function fail to compete equally with men in the labour market and are not desirable vacant position candidates for an employer and require special treatment, protection and additional guarantees from the state. The differentiation of the legal regulation of women employment, to a certain extent, disturbs employers and sometimes goes in contradiction with their economic interests that has a negative impact on the employment and personal rights and interests of women workers.
Analysis of resent researches and publications. At various years many labour law scientists were engaged in the studies of certain issues of legal regulation of labour and social protection of women – O. A. Abramova, N. B. Bolotina, I. A. Vetukhova, L. M. Zavadska, V. M. Tolkunova, M. A. Pokrovska, V. I. Prokopenko, H. I. Chanysheva, N. N. Sheptulina, M. M. Feskov, H. H. Yablonovska and others. Target of research. To prove the legislative differentiation of legal regulation of women having children by providing them benefits and advantages. To make proposals in order to improve the current labour legislation in Ukraine that could
be used in the drafting of the Labour Code bill as well. Article’s main body. The protection of maternity and paternity in Ukraine is granted at the constitutional level. High level of attention to this issue is also confirmed by the numerous regulatory legal acts consented by Ukraine as binding and is an integral part of the national legislation. At the current stage of development of the labour law, when there goes an active work on drafting of the Labour Code, it is of utmost importance to lay down the principle of enhanced women labour protection combining with the principle of gender equality of men and women in it. However, the Labour Code faces another problem – the establishment and maintenance of effective social production. The article raises questions of warranties of the rights and interests of women having children when hiring and dismissing, involvement of these women to certain types of work, special aspects of the providing them periods of rest and the establishment of working time pattern and other issues.
Conclusions and prospects for the development. The Labour Code draft bill contains a number of legislative innovations. The vast majority of them should be evaluated in a positive way, but we should not forget that the institution of women labour rights protection has undergone significant changes in recent decades in the world. It is well to bear in mind that aside from employers denying to grant women a special legal status, and aside from the legislation in different countries that weakens their defense, sometimes women themselves are the initiators of such processes. It is a common practice when a court determines such «special» rules as discriminative on the ground of sex. For the very reason modern trends in labour legislation relating to women consist of reducing of all types of privileges and prohibitions that are incompatible with the principles of gender equality. Only a unified approach to the regulation of men and women labour may ensure equal opportunities for the employment and competitiveness in the labour market for women. Most probably, the national legislation should take into account these trends.