有家庭责任的雇员在就业福利和保障方面的性别平等

O. Tkachenko, O.A. Nehoda, O. Kramarenko
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引用次数: 0

摘要

在现代社会中,由于历史原因,男女两性代表的法律地位不平等,这是人为造成的关于妇女在社会 生活领域中作用的陈规定型观念造成的。这篇科学文章强调,妇女不仅要履行照顾子女的家庭主妇职责,而且还享有工作权。同时,作者还提请注意,男性也参与抚养和照顾未成年子女。因此,文章特别关注分析当雇员兼顾工作职能和照顾其他家庭成员时,劳动关系中是否符合平等和 禁止歧视的原则。性别平等受到了极大关注,它被视为普遍平等的组成部分和公正民主社会的基础之一。有家庭责任的雇员 "的法律定义已经明确,其中包括抚养未成年人和照顾其他残疾家庭成员的个人。本条探讨了根据现行法律为有家庭责任的雇员提供的福利和保障,以此作为对雇员基本劳动权利的补充机制,为其提供特殊的法律机会。文章分析了国家现行法律中关于向有家庭责任的男女雇员分别提供特定福利的主要规定,并就如何完善 有家庭责任雇员福利和保障的法律规定提出了建议。建议在立法中使用 "有家庭责任的雇员 "这一类别,以消除劳动领域的性别因素。作为乌克兰劳动法的一个法律机构,妇女劳动保护的建立和形成的历史问题受到了极大关注。指出不遵守男女均等和平等原则是对两性代表权利的侵犯,因为社会对其家庭责任和家庭与职 业角色分配的陈规定型观念得到了巩固。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Gender equality in employment benefits and guarantees for employees with family responsibilities
In modern society, due to historical circumstances, there is an inequality in the legal position between representatives of the male and female sexes, which was caused by artificially created stereotypes regarding the role of women in social spheres of life. The scientific article emphasizes that a woman not only fulfills the role of a housewife in caring for children, but also has the right to work. At the same time, the authors draw attention to the fact that male are also engaged in raising and caring for minor children. Therefore, the article pays special attention to the analysis of compliance with the principles of equality and the prohibition of discrimination in labor relations when employees combine their work function and care for other family members. Considerable attention is paid to gender equality, which is considered as a component of general equality and one of the foundations of a just democratic society. The legal definition of "employees with family responsibilities” has been clarified, which includes individuals who raise minors and minors, as well as care for other disabled family members. The article examines the benefits and guarantees provided in accordance with the current legislation to employees with family responsibilities as a mechanism for supplementing the basic labor rights of employees with specific legal opportunities. The main provisions of the current national legislation regarding the provision of specific benefits to employees with family responsibilities separately for women and men have been analyzed, and suggestions have been made for improving the legal regulation of benefits and guarantees for employees with family responsibilities. It is proposed to use the category "employee with family responsibilities” in the legislation, which eliminates the gender factor in the labor sphere. Considerable attention is paid to the historical aspects of the establishment and formation of women's labor protection as a legal institute of labor law of Ukraine. It was noted that non­compliance with the principle of parity and equality between men and women is a violation of the rights of representatives of both sexes due to the consolidation of social stereotypes about their family responsibilities and the distribution of family and professional roles.
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