It is argued that under current conditions, the scientific community has not put a final stop to the discussion on the appropriateness/irrelevance of dispersing the circle of employees endowed with additional guarantees in the labour sphere, determined by objective factors (nature and conditions of work, state of health, natural and climatic conditions, etc.). It was concluded that it makes sense to expand the categories of employees who objectively should be provided with increased guarantees in employment promotion, in the course of work and in the event of termination of employment relations in exceptional, justified cases, taking into account the values prevailing in society. The content of the principle of unity and differentiation of legal regulation of labour and labour-related relations is analysed. Objective factors of differentiation of legal regulation of labour are determined. It is proposed to enshrine in the draft Labour Code of Ukraine the definition of differentiation in the legal regulation of labour, a list of grounds for differentiation of legal regulation of labour for certain categories of employees, as well as to list objective and subjective grounds for differentiation of legal regulation of labour. The concept of «discrimination» in the labour sphere is explained. Direct discrimination (when an employer openly gives preference to a specific employee, using prohibited criteria) and indirect discrimination (the employer does not directly use prohibited criteria to distinguish certain categories of employees, but at the same time the employer’s actions may have negative consequences for them) on the part of the employer in relation to the employee are considered. It is stated that under certain circumstances the distinction between differentiation and discrimination poses a significant problem in practice. It is noted that certain legal norms designed to ensure differentiation in the legal regulation of labour and labour-related relations may be recognized by the court as discriminatory. It is argued that significant differentiation of salary levels in different sectors of the Ukrainian economy under martial law creates social risks and increases instability in the labour market. Using examples of issues of differentiation of wages and the gender component in the field of labour protection, the issue of discrimination against employees is raised and measures to prevent these phenomena are proposed.
Yuriy Yurkevych (Tue,) studied this question.