The specifics of the formation of labor legislation in relation to women in Russia

The Russian Federation, as follows from the Preamble to the Constitution, is a social and legal state in which every person enjoys freedom of labour and may fully realize his or her capacity for work. However, one of the most pressing problems in our society continues to be gender discrimination. In the labour market, it remains a fairly widespread phenomenon, where an employee may be subjected to discriminatory treatment by the employer. The legal regulation of women’s labour is a complex, multi-layered issue that includes both protective provisions and safeguards of an enabling nature. Russian scholars in the field of civil and labour law actively study the legal regulation of women’s labour, paying particular attention to the protection of rights, equality of opportunity, and social support. A.V. Buyanova, in her research, examines issues of equality of rights and opportunities for women in the labour market. She notes that Russian legislation contains provisions aimed at protecting women, yet some of these provisions may be considered outdated and in need of modernization. One of the key terms used by the author is the “glass ceiling” - the invisible barriers that hinder women from attaining senior positions within organizations. Labour legislation prohibits discrimination in employment relationships. Referring to Articles 3 and 4 of the Labour Code of the Russian Federation, one finds provisions establishing the illegality of discriminatory practices. Article 3 sets forth a number of conditions that do not constitute discriminatory criteria but instead represent legitimate differentiation in labour regulation. Such differentiation is necessary to take into account the specific working conditions of each employee. On the one hand, during the consideration of a case, gender may be treated as an indicator of discrimination; on the other hand, Order No. 512n of the Ministry of Labour of Russia identifies a list of occupations in which women are legally prohibited from engaging in certain types of work. In this regard, it is advisable to propose amendments to Article 3 of the Labour Code, specifying other instances where differentiation does not constitute discrimination, with an explicit reference to the above Order, in order to avoid further labour disputes. Thus, the legal regulation of women’s labour plays a key role in creating conditions that ensure equal opportunities in the labour market. Nevertheless, despite the progress achieved, numerous issues remain that require continued attention. The authors declare no conflicts of interests.

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