DISCRIMINATION IN THE LABOR SPHERE: THE PROBLEM OF THE DEFINITION OF THE CONCEPT

Abstract

The article deals with the problem of
discrimination in the labor sphere. The author of the
article has studied the problem of determining the
discrimination in the labor sphere. Attention is
drawn to the fact that the labor legislation of Ukraine
does not define the legal definition of discrimination.
The author has emphasized the current national
legislation of Ukraine does not contain norms that
would directly determine the discrimination in the
labor sphere. In additional, there is no single point of
view on this matter in the theory of labor law.
While analyzing scientific literature, domestic
and foreign regulatory base, international legal acts
and the judgments of the European Courts of Human
Rights the author has established and revealed the
nature of discrimination in the labor sphere. At the
same time, based on the views of legal scholars, the
nature of discrimination in the labor sphere has been
revealed. The content of the concept of
«discrimination» has been clarified. The own
definition of the concept of «discrimination in the
labor sphere» has been formulated. The author has
emphasized the necessity of forming legal definition
of discrimination in the labor sphere.
It has been established that the problem of
imperfection of domestic labor legislation today
exists and needs to be solved. First and foremost, it’s
due to the obsolete version of the current Code of
Labor Laws of Ukraine. It is indicated that at present
in Ukraine the Labor Code adopted in 1971 is in
force and having at the moment a huge number of
changes and additions. Thus, the most appropriate
way of solving the problem of discrimination in labor
relations is the adoption of the new Labor Code of Ukraine.
Key words: discrimination, sphere of labor, equal rights and opportunities, labor rights, labor relations.