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Publication date: 10.05.2024
WORK OF WOMEN
Legal regulation of women's work in Ukraine includes a number of special measures and guarantees to ensure equal rights of women and men in the field of labor relations.
LABOR GUARANTEES FOR WOMEN
Prohibition of discrimination:
According to the legislation, employers must not discriminate against women on the basis of gender, pregnancy, maternity or the presence of children. This means that women have equal opportunities when hiring.
It is prohibited to employ women in the following jobs:
It is prohibited to use women's labor in jobs that are considered difficult or have harmful or dangerous working conditions, as well as in underground work, except for certain types of work, such as non-physical or sanitary and domestic maintenance work.
It is also forbidden to involve women in lifting and moving heavy objects, the weight of which exceeds the established norms for them.
Women's work is limited at night:
It is not allowed to involve women in work at night, except when it is necessary due to special circumstances and it is allowed temporarily.
These restrictions do not apply to women who work in enterprises where only members of the same family are employed.
Analysis of documents and consultation of a lawyer is necessary to determine the extent of violated rights and to choose methods for their protection and restoration.
Cases when a woman's work is prohibited without exception:
It is forbidden to work pregnant women, women who have children under the age of three in night and overtime work, work on weekends, and it is also forbidden to send such women on business trips.The right of a woman not to agree to a certain type of work:
A woman who has a child aged three to fourteen or a child with a disability has the right to refuse overtime work and to be sent on a business trip.
A lawyer's legal opinion will ensure the correctness of the chosen method of protection of violated rights.
Rights of pregnant women and women with children under three years of age:
Pregnant women have the right to reduce the requirements for the volume of work, to be transferred to an easier job that does not have a negative impact on production conditions, while maintaining the average earnings from the previous job.
Until the pregnant woman is given lighter work, she is accrued and paid the average salary for all missed working days.
If a woman with a child under the age of three is unable to perform her previous job, she must be transferred to another job while maintaining her average earnings until the child reaches the age of three.
In the case of higher payment for easier work, actual earned funds are paid.
Checking documents by a lawyer is necessary to find out which rights have been violated.
A woman's right to leave in connection with pregnancy, childbirth and child care:
1. Pregnant and postpartum women are granted leave consisting of 70 calendar days before childbirth and 56 calendar days after childbirth (70 days in case of the birth of two or more children or childbirth complications).
The total duration of leave is 126 calendar days (140 days in case of birth of two or more children or childbirth complications), regardless of the actual days used before childbirth.Part of the maternity leave can be carried over and used after childbirth, provided that the total duration of the leave does not exceed 126 calendar days (140 days in the case of the birth of two or more children or childbirth complications).
One of the child's parents is granted leave to care for her until she reaches three years of age with the payment of benefits in accordance with the law.
Businesses can provide parents with partially paid parental leave of longer duration at their own expense.
Certain features of the leave apply if the child needs care or in the case of adoption or guardianship.
Those on parental leave can work part-time or from home if they wish.
Persons receiving such leave must notify the employer of its early termination no later than 10 days before termination.
2. A woman has the right to add to her leave due to pregnancy and childbirth her annual basic and additional leave, regardless of the length of her work at this enterprise.
Legal service "Consultant" provides the service "lawyer's help online".
Guarantees for pregnant women and women with children:
It is forbidden to refuse employment to women or reduce their wages due to pregnancy or the presence of children under the age of three (up to fourteen years for single mothers or children with disabilities).
If employment is refused, the employer must give the reason in writing, and this refusal can be challenged in court.
Dismissal of pregnant women and women with children under the age of three (up to six years for single mothers or children with disabilities) is possible only in case of complete liquidation of the enterprise and on the condition of mandatory employment elsewhere.
Until the moment of employment, the woman's average salary is kept for three months after the end of the fixed-term employment contract.
In general, the legal regulation of women's work in Ukraine is aimed at ensuring their rights and protection against discrimination in the workplace. This is an important aspect for creating equal opportunities for all employees, regardless of gender.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or the court, will take part in a court hearing in any city of Ukraine. Legal protection in court is a guarantee of quality protection of your rights and interests.
