CONCEPTUAL EXPRESSION OF THE PRINCIPLE OF EQUALITY AND PROHIBITION OF DISCRIMINATION IN MODERN LABOR LAW

Abstract

The article analyses the systemic and conceptual expression of the principle of equality and prohibition of discrimination in modern labour law as a branch of law that fosters the human-centred development of the state. The author argues that labour law transcends a mere collection of ‘technical’ norms governing hiring, dismissal, and other facets of employee-employer interaction. Instead, it fundamentally affirms the intrinsic value of the human person and the inadmissibility of unequal treatment. Emphasis is placed on the assertion that the purpose of labour law – as reflected in its substantive content – cannot be realised without the actual observance of the principle of equality. This principle operates not merely as a declarative ideal but as a structural imperative, shaping legal frameworks to ensure fairness, dignity, and non- discrimination in employment relations. This is due, in particular, to the fact that without guaranteeing equal rights and opportunities for all participants in labour relations, neither social justice, nor the effective realisation of human potential in the workplace, nor socially safe interaction in the sphere of labour and employment can be achieved. Attention is drawn to the fact that labour law asserts the primacy of human social value over production processes. In this context, it should be borne in mind that ‘economic expediency’ cannot justify discrimination against employees today. Consequently, modern labour law provides protection for the legitimate interests of the employee while simultaneously accounting for the interests of the employer, ensuring their balance without undermining the priority of human dignity – a principle equally upheld by both the employee and the employer. The article dedicates significant attention to examining special guarantees for vulnerable categories of workers. It posits that formal equality does not always ensure genuine equality of opportunity, necessitating legislative measures to protect pregnant individuals, minors, persons with disabilities, and other groups facing heightened challenges in securing employment and exercising their right to work. The author underscores the role of moral and ethical norms in labour relations, which – when reinforced by relevant policies on ethical conduct – foster a healthy workplace climate where discrimination becomes untenable. The conclusions synthesise the study’s findings, asserting that modern Ukrainian labour law is thoroughly imbued with the principle of equality and prohibition of discrimination in employment and labour practices.