Ministry of education and science of Ukraine

National Aviation University

Department of Safety Live Activity 
 
 
 
 
 
 
 
 
 

Home work

On discipline“Basics of Labour Precaution” 
 
 
 

Theme: Labour protection of women. 
 
 
 
 
 
 
 
 
 

                                                                                 Created by: student of FCS-305

                 Mary Klymenko  

Checked by: Gosudarska I.L. 
 
 
 
 
 
 
 
 
 

Кyiv – 2011

 

Contents: 

1. The Law of Ukraine “On Labor Protection” ………………………….….…3
2. Women in career’s equality………………………………………….….…4

3.  Maternity protection…………………………………………………..…..5

4. Women migrant workers……………………………………………..……6

5. Index of social-economic protection ........................................................6
6. Legal protection of women in Ukraine......................................................8
7. Activities to attract the attention on labour protection.............................9
8. Progress in law for working women……………………………………..10
9. Conclusions………………………………………………………………...12
10. Used literature……………………………………………………………...14

 

The Law of Ukraine “On Labor Protection”

The Law of Ukraine “On Labor Protection” (date of entry into force: november 24, 1992) defines basic provisions concerning implementation of the employees' constitutional right to protection of their life, health in the course of labor activity, to the proper, safe and healthy working conditions and regulates relations between the employer and the employee on security, occupational hygiene and working surroundings issues. Besides, the Law sets a unified procedure of labor protection in Ukraine. 

This Law shall apply to all legal entities and natural persons who in compliance with the legislation use hired labor, as well as to all employees. The Law sets responsibility of the employer for creation of safe working conditions, for state of collective and individual means of protection from harmful influence of manufacturing mechanisms and equipment, as well as for observation of the norms of labor protection. 

The Law entitles the employees to refuse doing work, if working situation is dangerous for his life or health. They shall also enjoy the right to privileges and compensations for difficult and harmful working conditions and to compensation of damage caused by violation of labor protection rules. It is established that damage to the employee's health or in case of his/her death shall be compensated by the Industrial Accident and Occupational Disease Social Insurance Fund of Ukraine. Besides, it is provided for that in compliance with collective or labor agreement the employer may make additional payments to the injured persons or members of their families at the expense of own funds.  

The Law regulates the question of labor protection of separate categories of employees, namely women, minors and disabled. In particular, the Law prohibits the use of women's work at difficult jobs and jobs with harmful and dangerous working conditions, underground jobs except for non-physical jobs and jobs connected with sanitary and consumer services. It is also prohibited the recruitment of women for lifting and transportation of things which weight exceeds set for them limits.  

A separate chapter of the Law is devoted to regulation of relations in the sphere of labor protection management. The chapter defines system of bodies of state power authorized to manage this sphere of legal relations. To these bodies the Law refers the Cabinet of Ministers of Ukraine, specially authorized body of executive power on supervision over labor protection, ministries and state committees within the limits of their authorities, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations and bodies of local self-government. The Law contains provisions which set competence of the above bodies and their authorized officials.  

The Law envisages that penalty shall be imposed by bodies of state supervision over labor protection according to set by law procedure for violation of the legislation on labor protection, non-fulfillment of instructions of officials of bodies of state supervision over labor protection, legal entities and natural persons which according to the legislation use hired labor. 

Women in career’s equality

Women are better educated and hold more jobs worldwide than ever before. Yet most women continue to suffer from occupational segregation in the workplace and rarely break through the so-called "glass ceiling" separating them from top-level management and professional positions. A new ILO report says that while substantial progress has been made in closing the gender gap in managerial and professional jobs, for women in management its still lonely at the top. 

The term "glass ceiling" was coined in the 1970s in the United States to describe the invisible artificial barriers, created by attitudinal and organizational prejudices, barring women from top executive jobs. According to a new ILO report, "Breaking through the Glass Ceiling: Women in Management", it's an apt definition for an ongoing problem. And despite recent progress, the glass ceiling is still relatively intact. 

The report says most female managers are still barred from the top levels of organizations worldwide, whether in the private, public or political sectors. Women hold less than 5 per cent of the top jobs in corporations. And even when they manage to rise to the top, female executives nearly always earn less than men. 

"Almost universally, women have failed to reach leading positions in major corporations and private sector organizations, irrespective of their abilities," says ILO labour expert and report author Linda Wirth. "Women represent more than 40 percent of the world's labour force. Yet their share of management positions remains unacceptably low, with just a tiny proportion succeeding in breaking through the glass ceiling to obtain top jobs." 

According to national surveys, women's overall share of management jobs rarely exceeds 40 per cent. The higher the position, the more glaring the gender gap. In the largest and most powerful organizations the proportion of top positions going to women is generally 2 to 3 percent. 

The fact remains that it is the nature of womens career paths that blocks their progress to top positions. At lower management levels women are typically placed in non-strategic sectors, and in personnel and administrative positions, rather than in professional and line management jobs leading to the top. Often these initial disadvantages are compounded by women being cut off from networks, both formal and informal, so essential for advancement within enterprises. It is notable that in large companies and organizations where women have achieved high-level managerial positions, these are usually restricted to those areas considered less vital and strategic to the organization such as human resources and administration. 

For example, the increase in womens share of positions as personnel and labour- relations managers family responsibilities, their upward movement may be hampered as they juggle time to devote to both career and family. An important feature of professional and especially managerial work, are the long working hours that seem to be required to gain recognition and eventual promotion. Part-time managers are a rare breed and yet it seems virtually impossible to reconcile long hours with the demands of running a home and caring for children. As a result, in certain countries there are indications that women, more than men, forgo marriage and children for the sake of their careers.

Maternity protection

Since the ILO was founded in 1919, international labour standards have been established to provide maternity protection for women workers. The International labour standard instruments on maternity protection are the most recent ILO standards, which expand the scope and entitlements of maternity protection at work to all employed women, including those employed in atypical forms of dependent work. 

The key elements of maternity protection reflect the concern to ensure that women’s work does not pose risks to the health of the woman and her child and that women’s reproductive roles do not compromise their economic and employment security. These elements include the right to: 

• maternity leave;
• cash benefits to ensure the mother can support herself and her child during leave;
• medical care;
• protection of the health of pregnant and breastfeeding women and their children from workplace risks;
• protection from dismissal and discrimination; and
• breastfeeding on return to work.

 

Maternity protection for women workers contributes to the health and well-being of mothers and their babies, and thus to the achievement of Millennium Development Goals 4 and 5 adopted by the member States of the United Nations, which seek the reduction of child mortality and improvement of the health of mothers. And by safeguarding women’s employment and income security during and after maternity, maternity protection is also essential for ensuring women’s access to equality of opportunity and treatment in the workplace, and progress towards Millennium Development Goal 3, promoting gender equality and women’s empowerment. 

Women migrant workers

Women migrant workers tend to be employed in a restricted range of occupations, including manual work in agriculture, factories or Export Processing Zones (EPZs), but mostly jobs related to stereotypical female roles as caregivers, nurses, domestic workers, and low-status workers in the catering, hotel, and entertainment industries. By the very nature of the work they undertake, women and girls can be particularly vulnerable when employed for work outside their own countries. They may be subject to exploitation and abuse not only because they are outside the legal protection of their country of origin, but also because they often hold jobs for which there is little protection under social legislation Their situation is often made worse by the lack of autonomy and the strong relationship of subordination that are typical of these jobs. They may be subject to gender-based violence and sexual abuse, especially if they are working as domestics or sex workers. In addition, these women are usually young, poor, and isolated from their families, whom they have left in their countries of origin. They do not speak the language of the host country, are unaware that they have rights that are being infringed, and usually do not know where to go for help. At worst, they may be victims of coercive recruitment and employment practices or human trafficking. Young women and girls are at particular risk of being trafficked for commercial sexual exploitation.

Because of high and persistent unemployment, many countries have introduced policies to reduce the number of immigrants and are now confronted with the problem of migrant workers who are in an irregular situation and/or illegally employed. Although the statistical evidence is not clear, it can be assumed that a great many of these workers are women. Gender-blind immigration policies in destination countries can have disproportionately negative effects on women immigrants and leave them at higher risk of irregular employment and deportation.

  

Index of social-economic protection

According to International Labor Organization, in 2004 Ukraine occupied 35th place among 90 countries of the world with regard to the Index of social-economic protection, ILO Program Director Guy Standing said at a press conference, dedicated to opening of a two-day Conference "Social-Economic Protection of the Population".  

This event was held by the International Labor Organization jointly with the State Statistics Committee of Ukraine, through support of the UN Development Program on the occasion of the 10th anniversary since start of monitoring social processes in Ukraine.  

According to Guy Standing, the ILO estimated Ukraine's position with regard to social-economic protection by results of special investigations "Social-Economic Protection of the Population" and the "Monitoring of Worthy Labor", which were held in our state. He underscored that the 35th position of Ukraine depended much on such an index as labor safety, since very many Ukrainians, which were questioned, consider conditions of their labor to be dangerous.  

Guy Standing noted that Ukraine has a rather acceptable level of formal obligations, but the proper level of their fulfillment is absent till the present day. Among the main problems, which hamper our state from improving its function of the social state, he mentioned high unemployment rate, unprotected labor market, low employment of women on the labor market, etc. As results have shown, positive results in Ukraine are growth of wages' payments, reinforcement of the population's differentiation by incomes, depending on the educational level and high index of involvement with Trade Unions.  

Guy Standing explained that, on the whole, the Index was estimated by seven positions: protection of the labor market (Ukraine occupied the 55th position among 94 countries); protection from ungrounded dismissal and from dismissal from work without a notification (25th position among 99 countries); ability of promotion (30th position among 94 countries); ability to raise one's qualification (38th position among 94 countries); safety of labor conditions (45th position among 95 countries); right of vote and access to Trade Unions (38th position among 99 countries) and protection of income (40th position among 96 countries).

State Statistics Committee Deputy Head Natalia Vlasenko noted that carrying out constant monitoring of the state of social-economic protection and carrying out an analysis of data received are necessary for adopting quality managerial decisions, which comply with requirements of social development. According to her, this also complies with Ukraine's drive to integrate with the European Community.  
 
 

Protection of Women against Sexual Harassment at Workplace

The Union Cabinet approved the introduction of the Protection of Women against Sexual Harassment at Workplace Bill, 2010 in the Parliament to ensure a safe environment for women at work places, both in public and private sectors whether organised or unorganized. The measure will help in achieving gender empowerment and equality. 

The proposed Bill, if enacted, is ensure that women are protected against sexual harassment at all the work places, be it in public or private. This is contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women’s participation in work, resulting in their economic empowerment and inclusive growth. 

Legal protection of women in Ukraine

• LAW OF UKRAINE "On Labour Protection”

      Article 10. Protection of women's work

• LABOR CODE

Chapter XII  WOMEN'S WORK

• Article 174. The works, which prohibited the use labor of women.
• Article 175. Limitations of women in night work.
• Article 176.Barring involving pregnant women and women with children under three years, to night, over works, works on weekends and their assignment to assignment.
• Article 178. Switching to lighter work of pregnant women and women with children under three years.
• Article 179. Leave due to pregnancy, childbirth and baby care.
• Article 180. Accession to the annual holiday vacation of pregnancy and childbirth.
• Article 181. The order granting leave to care for children and deposit them in the work experience.
• Article 182. Leave the women who adopted children.
• Article 182-1. Additional leave for employees who have children.
• Article 183. Breaks for feeding.
• Article 184. Guarantees of employment and prohibition dismissal of pregnant women and women who have children.
• Article 185. Providing pregnant women and women who have children under fourteen years of tours to rest homes and filing their financial aid.
• Article 186. Serving on the mother plants, organizations.
• Article 186-1. Guarantees to persons who are raising young children without a mother.

 

Activities to attract the attention on labour protection

• International Exhibition Forum in Russia (9-12-2011) - has to demonstrate advantages and achievements scientific and industrial institutions and organizations in the area of safety and labour protection

• National Trade Union Working Conference on Labor Protection Held in China (31-08-2010)  trade unions at all levels must explore labor protection organizational systems, mechanisms and functioning methods suited to the development of situations.

 

• Ukrainian Press Conference ( 30-03-2011 ) dated to the Labour Protection Day, organised by the State Mine Supervision and Industrial Safety Service of Ukraine and the European Union - International Labour Bureau project, Improvement of the Safety and Health Condition on Working Places in the Context of Decent Work.

  

   Press conference issues:

      - Why labour protection must become a state priority?

      - How to reduce the accident rate at enterprises?

            - What is the system of labour protection management needed for?  

Specialists, who are most of others in Ukraine know about safe work, will answer these and other questions. Chief executives of the State Mine Supervision and Industrial Safety Service of Ukraine, the International Labour Organization, the Federation of Trade Unions and the Confederation of Employers of Ukraine will come out to journalists on occasion of the Labour Protection Day, which will be marked in April in Ukraine.