Yana Simutina. EU standards and the legislation of Ukraine in the field of employment: problems of adaptation
The article is devoted to the study of national legislation in the sphere of employment and its compliance with European legal standards. It is noted that the harmonization of national labour legislation with EU regulations is an integral component not only of national integration process, but lasting for many years of reforming the legislation of Ukraine on labor and employment. At present time one of the main reference points for our country stands Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States.
The studies indicate that employment is one of the priorities of the regulatory activities of the EU institutions. Over the past decades on the functioning of the labor market of economically developed EU countries was influenced by such important factors as globalization, development of high-tech and information sectors of the economy, the growing influence of social cohesion on the decision socially-economic problems in the sphere of employment, etc.
The adaptation of Ukrainian employment legislation to the legislation of the European Union is the activity of state institutions to study of the legal and regulatory framework of the European Union in the regulation of labor and national labor legislation as well as comparative assessment of national legislation for compliance with the European legal regulation of these relations.
One of the main research question includes the issue the basic principles of EU legislation, in particular the principle of equality and prohibition of discrimination, which lies at the basis of all European Union standards of equality between men and women and the like. Through comparative analysis of national legislation and EU directives it is concluded, that the current legislation of Ukraine in terms of employment and professional activities in general complies with international and European standards.
The paper points to the importance of improvement the monitoring system over observance of legislation in the sphere of employment, particularly in terms of non-discrimination of employees in hiring and putting in place effective mechanisms to detect such violations.
This study also addresses the issue of lack of proper legal regulation of non-standard employment in Ukraine, which, in comparison with the EU law lags significantly behind the existing social relations and practical needs and requires substantial improvement.
Keywords: employment, adaptation of legislation, employment discrimination, nonstandard employment.