Gender discrimination against women
The Constitution of the Russian Federation guarantees equal rights for all citizens, regardless of their social status and gender. In life, however, everything is somewhat different - there is a difference in the exercise of their civil rights not only between rich and poor, but also between men and women. This is clearly evidenced by the data of sociological and statistical studies.
Infringement of the rights of citizens on the basis of gender in jurisprudence is called gender discrimination. Most often, representatives of the weak half of humanity become its victims. And it manifests itself most clearly in the labor market, where women, for various reasons, are denied access to a number of professions, or the offered salary is lower than that of their male counterparts.
The infringement of women's rights by employers is a problem that is relevant not only for our country, but for the whole world. It is acute both in industrialized countries and in third world countries. The reason for this may lie both in the prejudices of the employer regarding the working qualities of the female sex, and in their real physiological characteristics. First of all, this concerns such a factor as motherhood and the “problems” that follow from this. This is the need to pay maternity leave, provide frequent parental leave, the need to comply with other social obligations in relation to the employee.
The consequence of this is gender discrimination in the labor market. Lawyers distinguish several types of discrimination against women that exist in the modern labor market:
- When applying for a job and when leaving it. It is expressed in the fact that when hiring, the employer in most cases gives preference to a male applicant than a woman. When dismissed, the situation is reversed - the fair sex is much more likely to be laid off.
- In the tacit closure of access to a number of professions. We are not talking about those specialties that, according to the current regulations, are contraindicated for the female sex due to the high level of physical activity. This refers to “traditionally male” specialties, which it is theoretically possible for a woman to get a job in, but in practice it is very difficult due to the biased attitude of employers.
- Infringement of rights in the establishment of wages. Often, the amount of payment for the performance of the same official duties between representatives of different sexes varies significantly.
- Restrictions on career advancement. Gender discrimination can manifest itself in appointments to positions of responsibility and leadership.
- Restrictions in the field of education, when obtaining certain specialties. It is expressed in the predominant admission to certain educational institutions of representatives of the male part of the population.
As confirmation of the existence of gender discrimination against women, one can take the data of statistical studies. According to 2015 data, 12.5% of women experienced difficulties in finding a job, and only 7% of men. And this is taking into account the fact that the percentage of qualified employees with higher or special education is approximately the same in both cases. The situation is the same with respect to the level of salaries. So, in the field of trade, hotel, restaurant business, the share of female labor is about 70%. At the same time, their average salary is 25-30% lower than that of their male counterparts.
Explicit or covert gender discrimination is already noticeable when looking for employees. More than 50% of job search advertisements contain direct indications that a male employee is required, or has reservations and restrictions that put the fairer sex in a deliberately uncompetitive position. This applies to the schedule and working conditions, other additional requirements.
The infringement of the rights of working women is largely intertwined with restrictions on social and age grounds. According to studies, employers have the least demand for workers with young children in care.
This is due to the social responsibilities that the head of the enterprise assumes when hiring a young mother. For the same reason, employers do not particularly favor young applicants, especially pregnant women.
The rights of female employees are protected by the provisions of Russian labor legislation, as well as by the international labor convention. If a woman manages to prove in court the fact of infringement of her rights on the basis of gender, this can cause certain troubles for the employer, including large fines. In this regard, gender discrimination in hiring is mostly latent, hard to prove, sometimes disguised as concern for her health.
At the same time, the Russian Labor Code prescribes a number of benefits related to the main social function of the fair sex - the birth and upbringing of children. These include the following provisions:
- Restriction on hiring women for work with dangerous or unhealthy conditions. Restrictions are established by the provisions of Article No. 253 of the TKRF - for example, it is not recommended to use female labor in work in underground mines, in hot metallurgical shops.
- The same article No. 253 restricts the work of the fairer sex in industries associated with the use of hard physical labor: loading and unloading, construction, etc. It gives the standards for permissible loads by weight. Although, until recently, this recommendation could be ignored: in Soviet times, female labor was widely used in the Ministry of Railways, in the repair and maintenance of railways (the notorious "sleepers").
- The ban on the work of pregnant workers at night, and those with children under the age of 3 years - to put on the night shift without their official consent.
- Without consent, the listed categories of employees cannot be sent on a business trip to another city or region.
- They cannot be involved in overtime work, in excess of the standard hours regulated by labor legislation.
- Employees who are pregnant or have a young child in care should not be involved in work on weekends and holidays.
- Article No. 261 of the TKRF imposes a ban on the dismissal of a pregnant employee at the initiative of the employer. This is possible only at the employee's own request, or in the event of liquidation (bankruptcy) of the organization. If the branch or department in which she worked is liquidated, the woman must be given an equivalent place in another branch.
- Mothers with children under the age of 1.5 years can apply for easier working conditions. Transfer to a new position is carried out on a temporary basis, until the child reaches the age of one and a half years. In this case, the woman retains her main place of work and the average wage.
Unfortunately, the situation with gender discrimination in the labor market today is far from ideal. Therefore, with any signs of infringement of the rights of workers on the basis of gender, it follows.
It will help not only eliminate all violations of the law by the employer, but also bring him to justice, including in the form of compensation payments inflicted for moral damage.
