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Legal consultation

Barbarian Diordieva - the lawyer, an analyst.
If you had legal issues, the problems connected with realisation of your rights, and also the questions, concerning legislations.

Notes

2/3 employers prefer employees-men

In the Ukrainian companies discrimination prospers at employment to a sexual sign. 68 % of the employers interrogated by personnel agencies, recognise, that at other equal preference give to the applicant-man. To get a job, women should lose passports with "compromising" data about the marital status, to reduce age and even to attribute to themselves another's children.

The head of PR-service of one large company and mother of four children Maria Markin tells, that after a birth of the third child and actual rupture with the spouse she did not begin to get divorced officially. “The married woman with children is much more competitive on a labour market, than dissolved”, — she speaks.

 

To be prudent it has learnt dialogue with former employers. Markin is recollected by the case which has occurred to her in a consultation centre where she worked as the head of department on public relations. Already being on 38 week of pregnancy, she has somehow warned the chief, that in a month participation of the centre in a large exhibition is planned. On what that has reacted: “And what we will do, if you suddenly leave to give birth?” “The phrase of the man, the father of two adult children who have considered, that women give birth“ suddenly ”, me shocked, — shares impressions Markin. — while employers so to us concern, discrimination anywhere will not get to”.

 

Not that half.

In April of this year interrogation among HR-managers has been made. The question was that: how much personal characteristics of candidates influence their chances to get a job. It was found out, that on the average 68 % of employers prefer men-competitors.

 

It is even more chances at men if they apply for posts from area of marketing, the higher administrative personnel and programming. 91 % of employers recognised, that prefer competitors-men.

 

The most undesirable workers as it was found out as a result of interrogation, — the dissolved women with two and more children, single mothers and women within the two first years after a marriage: employers are afraid, that they will go on leave on care of children. 84 % of the interrogated employers have confessed, that soiskatelnitsam from any this category in employment under a specious excuse will give up. 9 % have noticed, that take such pretenders, if their experience and level of knowledge 10 times more, than from other candidates. Only 7 % assert, that consider competitors, despite of them “personal circumstances”. In research it is noticed, that employers explain the position to that the majority of heads men “and to it is psychologically difficult to work with women”. Besides, men, on their thought, are less inclined to intrigues on a workplace, concentrate on working problems is easier and take more rare the sick-list.

 

Age — a hindrance

The marital status — not the unique factor which complicates to women a life. Four years ago 52-year-old Elena Rjabchikova, the proof-reader of the large capital newspaper, has tried to be arranged on a similar post in other edition. In the beginning all developed successfully. On interview Rjabchikova has listed all places of work that has made, as she said, “positive impression” on the HR-manager. In the end of conversation that has taken an interest, how old is she. It was necessary to confess. In work to it have given up, having referred that vacancy extends on persons “till 33 years”.

 

Dmitry Kofanov, the adviser of the centre of professional development NS Consulting, notices what to prove in court infringement of the labour legislation forbidding discrimination in sphere of work, extremely difficult. In its practice there were no cases when similar affairs would be won by the worker. But once it could act on the party of the employer which wished to give up as much as possible correctly in employment to the pregnant woman so that there was no possibility to accuse the company in discrimination. Kofanov has thought up an exit. “We have simply asked from soiskatelnitsy the medical inquiry that to it work with the computers will not damage, provided by official duties of the person applying for vacancy. Any doctor to give out such document has not dared”, — shares find Kofanov.

 

HR-managers who have in parallel taken part in research asked, whether it was necessary to them to face cases of a manipulation data of the biography from women-candidates on purpose to get a job. The most widespread reception — to "lose" the passport and then to restore it without "compromising" stamps about quantity of children or the marital status. The second reception — is banal to underestimate in the questionnaire age. In one case it was found out, that the woman who has recently married, in the questionnaire has attributed to itself children from first marriage of the husband that the future employer did not think, that it will soon gather in a maternity leave.

 

The skilled are necessary

At employers in this respect other opinion. According to the expert in marketing of a network of supermarkets Michael Anufriev, "discriminate" more likely “nonprofessionals or young employees who do not wish to master the working potential”. And in the IT company zamrukovoditelja managements of marketing Irina Timoshenko recognises, that “as young, married and childless” to candidates already at the first stage of interviews the question is asked, whether those plan to get in the near future children. In most cases, she explains, such pretenders do not bring to the employer anything, except superfluous expenses — payments of a maternity leave and fastening of a workplace for their compelled absence.

 

However some women essentially hide nothing from the biography. In the company “1С” Maria works as the manager of the project without small nine months. On this place it has come after the conflict to the former employer to which has given seven years of career. To leave it was necessary after Maria's exit from a maternity leave: having returned, she has found out, that its place is already occupied, but for it have prepared an "alternative" position with the salary on 30 % below the former. “I have tried to talk on this theme to a management, but to me have unambiguously hinted, that such things here are not discussed, and I am simply cunning”, — Maria recollects. On interview in the company “1С” to hide the possession of many children (and it was the fourth child) it did not become. “In general nobody has paid to it of the attention, all questions concerned exclusively my professional skills”, — she tells, adding, that is now quite happy with work where to it pay on third more than on a former place.