The problem of identifying discrimination when signing an employment contract

Abstract

In the proposed article, the authors, as a result of studying modern legal regulation, judicial practice and foreign experience, raise the problem of identifying discrimination when signing an employment contract. The urgency of the problem is characterized by the heterogeneity of the manifestation of discrimination in these legal relations, the insufficiency of the measures taken by the legislator to eliminate it, as well as the latency of its manifestation. The danger of such discrimination, which consists in its negative impact on the implementation of such significant constitutional and legal principles as freedom of work, the right to work and protection from unemployment, correlate with possible ways to eliminate it, the search for which was carried out, inter alia, through the analysis of foreign experience. Using the example of the most common forms of discrimination, namely refusal to apply for a job due to gender, disability, and other personal characteristics unrelated to the performance of a work function, the authors analyze possible ways to solve the problem that would be a compromise between the interests of both the employee and the employer. At the same time, during the search for the reasons for the low level of detectability of such a violation of the applicant's rights, the authors conclude that the existing legal regulation in the field of protecting the rights of the employee and the applicant, ways for employees to protect their interests on the problem and low procedural protection of the employee, due to the lack of special civil law regulation. Subsequently, the authors conclude that it is necessary to create special bodies engaged in research and publicizing cases of discrimination against employees, strengthen educational and information work, as well as create a regulatory framework that would contribute to the eradication of the phenomenon in question, not only formally, but would contribute to the creation of a legal environment in which it would not be possible to refuse employment on discriminatory grounds.

Keywords:

refusal of employment, discrimination in concluding an employment contract, business qualities, violation of constitutional rights to freedom of work