As for the legal regulation in our country, it should be noted that the current
Labour Code does not provide for such a rule, and only the draft Labour Code in para.
1, Art. 292 establishes the minors’ employment prohibition if it is detrimental to their
health, morality, education, physical and intellectual development. Para 5, Art. 292 of
the draft Labour Code prohibits minors’ labour in works where they may be subjected
to physical, psychological or sexual abuse, or works conducting of which could harm
their health, lead to negative consequences in their mental development (works in the
field of gambling, works related to transportation and sale of alcohol, tobacco,
medicines etc.). The list of works, in which it is prohibited to employ minors, is
approved by the designated central executive authority on health protection.
Freedom of labour as part of modern conception of the right to work contains
prohibition of discrimination as one of its components. It is the elimination of
discrimination in respect of employment and occupation which is recognised as the
ILO fourth fundamental principle at work. The provisions of the Universal Declaration
of Human Rights (1948), the International Covenant on Economic, Social and Cultural
Rights (1966), the European Social Charter (1961 in 1996 edition), the ILO Declaration
on Fundamental Principles and Rights at Work (1998), the Declaration on Objectives
and Tasks of the International Labour Organisation (Philadelphia, 1944) set the rules
on anti-discrimination in employment and occupation and the principle of equality of
opportunities.
The ILO Convention concerning Discrimination in Respect of Employment and
Occupation (1958) № 111 is one of the main documents, which cover this issue. Its
provisions aim to ensure equal opportunities in the implementation of the human right
to work. In Art. 1 of the Convention discrimination, which should be opposed by ILO
members, is defined as any distinction, exclusion or preference made on the basis of
race, colour, sex, religion, political opinion, national or social origin, leading to
elimination or impairing equality of opportunities or treatment in employment and
occupation. In addition, in accordance with para. "b" of the Art. 1 of the Convention
№ 111 with the approval of the representative organisations of employers and workers
the ILO member-state concerned shall have the right to extend this list to include
additional grounds on which discrimination is prohibited. The Convention on
Employment Promotion and Protection against Unemployment (1988) № 168 further
provides for the prohibition of discrimination on grounds of age and disability (para.
1, Art. 6).
Neither the current Labor Code nor the text of Constitution of Ukraine, enshrine
these rules, there is not even a legal definition of discrimination, therefore, it can be
stated that the national labour legislation has not still been brought into compliance
with international labour standards. Pursuant to the rules of international documenents,
the Constitution of Ukraine only provides the principle that all people are free and equal
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