Labor Code: Women's secrets

Parliament will soon consider a draft Labour Code for second reading. One of the drawbacks of the document - employers may allow single mothers to dismiss Olga Prokopovich, Senior Associate Fortunately working women in Ukraine, the draft Labour Code has not changed radically the system of guarantees, benefits and additional rights, which were working women still in the USSR and used them during the Code Labour (Labour Code) of Ukraine. Pregnant women and women with children have kept guarantee employment, ensure that you retain employment in the reduction and dismissal, additional leave, the opportunity to work part time or be transferred to lighter work. For family reasons is new is the provision of Article. 284 of the Labor Code, which introduces the term "employee with family responsibilities" under which refers to mother, father, guardian, trustee, and in some cases envisaged by the Code, - another family member. This innovation effectively replaces the term "woman" used in the Labor Code. Draft Labor Code actually allows the simultaneous use of facilities provided to workers with family obligations, as working mothers and working fathers (subject to availability of children, and work my father and mother). It is not clear is the fact that this omission of the developers of the project or a deliberate attempt to achieve gender equality in this way. It is also unclear how these rules in the draft Labour Code will be applied in practice, especially when working mother and father (classified as workers with family responsibilities) will work for one employer. Draft Labour Code still requires a thorough revision. One of its drawbacks is the wording of Part 2 of Art. 118. In the current edition, on the one hand, prohibits firing of single mothers with children under 15 years of age, except the elimination of the employer, on the other hand, increases the list of grounds for termination of single mothers - to all those listed in Art. 104 projects of the Labour Code (failure or improper performance of an employee of their duties). At this interpretation defeats the purpose of a general prohibition on the dismissal of single mothers, which is enshrined in the beginning of this article is copying provisions of the existing Labour Code. From the text of the draft is not clear whether such a formulation deliberate act or a mistake, but certainly we can agree that such a rule affects the situation of working single mothers. Childhood illnesses Code traced the discrepancy established boundary age of the children, at which the parent (employee and family obligations) loses his right to additional rights, because the project uses in some places the age of 14 years, and in some - 15. Also, most likely, by virtue of the transfer of articles in the Labour Code Labour Code in the latter there is no consistent application of the new term "workers with family commitments" and instead use the term "women who have children." List of "childhood diseases" of the project, which should recover and grow up, can be long, but it should be noted a qualitative improvement in the normative regulation compared with the current legislation. In general, we can summarize that in the event of a systems approach to document and correct deficiencies draft Labour Code does not worsen the situation of working women, compared with the current legislation. However, as always happens in our lives is more important law enforcement than lawmaking. RIGHTS AND PRIVILEGES OF WORKING WOMEN The current legislation (Labour Code) the draft Labour Code, temporary transfer to another job required the written consent of the employee Unchanged Establish part-time work for pregnant women and women with a child under 14 years old - on a written statement worker. The order of payment - in proportion to the hours worked or according to productivity for pregnant women with disabled children - no change. For women with children rule applies if the child is under 15 years of overtime work is forbidden to engage in such work by pregnant women, women with children under 14 or disabled children Regulations AGB expanded to perform work at night, weekends and holidays trip is not allowed for pregnant women and women who have children under the age of 14 or a disabled child may not be sent to mission staff minors and pregnant women. Workers with family obligations who have children under the age of 15 years, must give written consent to the assignment of work at night is not allowed, except for those sectors of the economy where it is due to special need and is only permitted as a temporary measure may not engage in such work pregnant women. Women with children under 3 years old, the disabled - only by their written consent and provided that it does not contradict the recommendations of the medical and social expert commission. Workers with family obligations (new term) who have children under the age of 15 years - with the written consent of feeding breaks available to women with children under the age of one and a half years Unchanged transfer to lighter work is provided for pregnant women and women with children under 3 years of Unchanged holiday in connection with pregnancy and childbirth 126 days, the birth of 2 or more children or delivery complications -140 days, 126 days, the birth of 2 or more children or complications at birth - 154 days leave to care for children under 3 years of full pay, 3-6-years without pay for medical Unchanged Guarantees in hiring ban on denial of admission on the basis of pregnancy or the presence of children under 3 years old No change Guarantees severance Preferential right to maintain operation in case of reduction are family workers to the presence of 2 or more persons on the content of Prohibition on dismissal of pregnant women and / or women who have children under 3 years old and single mothers who have Children under the age of 14 years without changes, except for guarantees for single mothers. Ban on dismissal (except where noted) single mothers apply to mothers who have children under the age of 15 years. In this case, the wording of Part 2 of Art. 118, admits the interpretation of that single mothers can be dismissed, not only in the event of liquidation of the employer, but on all the grounds listed in Art. 104 projects (non-performance or improper performance of employee duties) Reconciling work on leave for child care is planned to work from home on part-time while staying at the same time leave to care for a child up to 3 years of age Unchanged Performing heavy work is prohibited to employ women in heavy work or work in harmful or dangerous conditions, as well as underground work, except for some underground work (non-physical work or work with health and consumer services). Expanded the list of cases to which this prohibition does not apply to: underground work of women managers probationary period, certification These provisions are no probationary period and certification do not apply to pregnant women, workers with family responsibilities who have children under the age of 3 years of additional leave for workers with children each year up to 10 calendar days excluding holidays and days off are granted the mother of 2 or more children under the age of 15, or a disabled child, or who adopted a child, a single mother or father a single parent, guardian norm remains However, the ability to take such leave are limited to general guarantees the rights of mothers This provision does not include rights of employees transferred to the right of working women to special protection of motherhood. However, this is the general rule that in any way not further implemented in the project