About the need to define principles of the prohibition of discrimination in employment

Abstract

Purpose. Consideration of the reasons for the lack of normative regulation of one of the recognized international principles the principle of non-discrimination in labor and employment and as a result of problems in the implementation of this principle. Methods. Analysis of legislative provisions specifying the concept of "discrimination" and fixing mechanism of protection against discrimination; comparison with the norms and rules created to prevent and combat discrimination in the European Union. Results. One form of legislative concretization is to specify the principles of law as its fundamental beginnings. Through comparative analysis of the progressive legislation of European countries showed a mild and inadequate specification of principles of labor law, in particular the principle of non-discrimination in employment, resulting in the absence of any protection of persons experienced discrimination in employment. Seems necessary determination of the criteria of the principle of non-discrimination, allowing to distinguish from the other restrictions on the rights and freedoms of members of labor relations that will help to remove uncertainty in understanding and practicing the rules relating to protection against discrimination. Scientific novelty. The study is an attempt to comprehensively assess of the legislative bases of fundamental principle of law in comparison with mechanisms of protection against discrimination that have been widely recognized and the search for possible stages of improvement of legislation and practice in the field of protection against discrimination in employment.