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Publication date: 14.05.2024
Discrimination at work: challenges for older and younger workers and their legal protection
Discrimination is one of a number of clear and widespread violations of human rights and freedoms. The basis for committing discriminatory actions is stereotypes and prejudice.
What forms and types of discrimination exist in Ukraine
Direct discrimination is when a person purposefully denies something to another person or a whole group of people of a certain race, age or gender. In other words, these are cases when some people are treated less favorably than others in a similar situation.
Indirect discrimination is manifested in the creation of certain conditions, when a certain group of people is put in an unfavorable situation compared to another group, regardless of official state legislation.
As for discrimination in the field of labor, it is the unequal opportunities of employees endowed with equal productivity, or the unequal treatment of them by employers, society and the state, as well as the deliberate restriction of the rights of the subjects of social and labor relations, which blocks their access to equal opportunities in the labor market.
IMPORTANTLY! On December 1, 2022, the Verkhovna Rada of Ukraine adopted a law on mobbing, which provides for liability for harassment and humiliation at work. This term should only be used when it comes to humiliation at work. And its biggest manifestation is psychological abuse of a colleague or a group of employees or management.
Age discrimination in the labor market has become so widespread that it approaches gender inequality in scale.Older workers often face difficulties in employment and employment due to prejudices about their ability and willingness to learn, a tendency to disregard their experience and market pressure to hire younger workers, who are often less expensive to employ.
Young workers under the age of 25 can also be discriminated against. Article 22 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code) establishes that it is prohibited to refuse employment without justification, i.e. refusal without any reasons or for reasons that do not relate to the qualifications or professional qualities of the employee, or for other reasons, not provided by law.
At the request of a person who has been refused employment, the employer, an individual who uses hired labor, is obliged to inform in writing about the reason for such refusal, which must correspond to the first part of Article 22 of the Labor Code.
Any direct or indirect restriction of labor rights when concluding, changing or terminating an employment contract is not allowed.
Requirements regarding the age, level of education, and state of health of the employee may be established by legislation.
The requirements of Article 188 of the Labor Code determine the age at which employment is allowed. Yes, it is not allowed to hire persons under the age of sixteen.
Persons who believe that they have experienced discrimination in the field of work have the right to file a complaint with state authorities and/or the court.You may be interested in the following articles: Legal analysis of the situation Legal opinion Writing a lawyer's request lawyer's request analysis of the situation by a lawyer analysis of the situation by a lawyer legal analysis of the situation legal opinion conclusion of a lawyer
The adoption of a new law on the regulation of the work of domestic workers is an important step to protect their rights and create clear rules in this field. This law reflects international standards and will contribute to Ukraine's integration into the European Union. It provides not only mandatory terms of employment agreements and additional guarantees for employees, but also the possibility of voluntary entry into the social insurance system. This will help reduce undeclared work and improve conditions for this category of workers.
