Discriminatory job vacancies E-Book

Jovan Ananiev

• Herausgeber: GRIN Verlag
• Sprache: Englisch

Veröffentlichungsjahr: 2014

Beschreibung

Research Paper (undergraduate) from the year 2013 in the subject Politics - Other International Politics Topics, , language: English, abstract: This Research Report contains results from the research of discriminatory job vacancies. It was carried out over a sample of 988 job vacancies, advertised in four daily newspapers and a Web portal in the period from 15th April to 15th September 2013. Data were transformed into codes, which were analyzed in a statistical software later on, and quantitative data were obtained as a final product. Job vacancies were subject of the analysis. This research is first of its kind, providing for several benefits. First, it is a systematized monitoring of a phenomenon for a period of five months and is abundant of data, which can be corrected and can provide for the actual state-of-play as regards the occurrence of discriminatory job vacancies. Hence, it enables the experts to obtain comprehensive observations, helps the Commission for Protection against Discrimination to alert and give recommendations, and assists the policy creators to undertake measures aimed at tackling and resolving the actual situation. Second, it contributes to the science that studies human rights and the labour and labour relations so as to gaining knowledge on the subject of the research, together with all its specifics. Third, the research also contributes from a methodological point of view, since it can serve as a model to translate qualitative into quantitative data and provide for their further statistical and descriptive interpretation. The text gives general overview of the national legislation in the area of anti-discrimination and labour relations and describes the methodology, the sample being researched, the level of discrimination, the forms of discrimination, the bases for discrimination, and delivers conclusions and recommendations.

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Contents

Contents

About author:

INTRODUCTION

1. OVERVIEW OF THE NATIONAL LEGISLATION

1.1. Law on Prevention and Protection against Discrimination

1.2. Law on Labor Relations

2. METHODOLOGICAL FRAMEWORK

2.1. Criteria andNo table of contents entries found. manner of selection of printed media and Web portals (defining the sample)

2.2. Manner and criteria for selection of job vacancies

2.3. Protocol on coding the job vacancies necessary for quantitative analysis

2.4. Protocol on software entering and analyzing of data: Defining the variables, frequencies and correlations

3. RESEARCH RESULTS

3.1. RESEARCH SAMPLE

3.2. DISCRIMINATORY AND NON-DISCRIMINATORY JOB VACANCIES IN THE PRINTED MEDIA

3.3. FORMS OF DISCRIMINATION

3.4. BASES FOR DISCRIMINATION

3.5. MULTIPLE DISCRIMINATION IN JOB VACANCIES

4. CONCLUSIONS AND RECOMMENDATIONS

ANNEX 1: Quantitative Analysis Form

ANNEX 2: Review of planning regions and municipalities by planning region

ANNEX 3: Examples of job vacancies in which discrimination is registered

About author:

Jovan Ananiev is PhD in Political Sciences, Associate Professor of Political Systems at the State University “Goce Delcev”- Shtip, Macedonia and Dean at the Faculty of Law. Since 2011 is Member of Commission against Discrimination and since 2013 Member of ECRI (European Commission against Racism and Intolerance) Councel of Europe, Strasbourg. He is author of number of books and papers and member of many international project teams.

INTRODUCTION

This Research Report contains results from the research of discriminatory job vacancies.It was carried out over a sample of 988 job vacancies, advertised in four daily newspapers and a Web portal in the period from 15th April to 15th September 2013.Data were transformed into codes, which were analyzed in a statistical software later on, and quantitative data were obtained as a final product.Job vacancies were subject of the analysis.

This research is first of its kind, providing for several benefits.First, it is a systematized monitoring of a phenomenon for a period of five months and is abundant of data, which can be corrected and can provide for the actual state-of-play as regards the occurrence of discriminatory job vacancies.Hence, it enables the experts to obtain comprehensive observations, helps the Commission for Protection against Discrimination to alert and give recommendations, and assists the policy creators to undertake measures aimed at tackling and resolving the actual situation.Second, it contributes to the science that studies human rights and the labour and labour relations so as to gaining knowledge on the subject of the research, together with all its specifics.Third, the research also contributes from a methodological point of view, since it can serve as a model to translate qualitative into quantitative data and provide for their further statistical and descriptive interpretation.

The text gives general overview of the national legislation in the area of anti-discrimination and labour relations and describes the methodology, the sample being researched, the level of discrimination, the forms of discrimination, the bases for discrimination, and delivers conclusions and recommendations.

1. OVERVIEW OF THE NATIONAL LEGISLATION

The righttoworkand to have freedom ofchoiceregardingemploymentof every individual onanequal footing with others is the basic economic rightofhuman beings, which is based onthe postulates ofproductivityand profitability of every citizen througha freely chosenor acceptedemploymenton the open labor market. This rightis еssentialin orderfor one to be able to exercise the other human rights, andit constitutesan inseparable part ofhuman dignity.The right to work is anindividual rightthat belongs to eachindividual,but at the same timeit is also a collectiveright. It includes in itself all forms of labour,regardlessof whether thejob is an independent job ora paid job,both in the publicandprivatesectors.As provided in the General CommentNo.18to theInternationalCovenantonEconomic,Social andCulturalRightsinorder for the right to work to be enjoyed in all of its forms, several requirements must be fulfilled,such as: availability,accessibility,acceptabilityand quality.

The protectionagainstdiscriminationis extremely important in theareaofemploymentandlabor. Namely, the State is required to recognize the right ofallon equal footing with others,the possibility tomake for a living throughwork,i.e. through a freely chosen and accepted jobon the openandinclusivelabor market.On thelist of measuresthatthe State needs to take in order to enablethatthisrightbe enjoyed,the firstmeasureis theprohibitionofdiscriminationon differentgroundsin all forms, sectorsandlevelsofwork.Standards require that discrimination be prohibited with regard tointer aliathe conditions foraccessing a certainjob,self-employmentoroccupation,including the criteria forselection of candidates foremployment.In this regard, and according tocaseofFirmaFeryn[1]from the Court of Justice of the European Uniontheprohibitionofdiscriminatoryjob vacanciesorstatementson adiscriminatory groundis fully supported.

1.1. Law on Prevention and Protection against Discrimination

TheLaw on Prevention and ProtectionagainstDiscrimination(LPPD) adopted in April 2010 provided for general prohibition of discrimination in the Republic of Macedonia. This Law builds on thegeneralequalityclausecontained inArticle 9 of the Constitutionas well as other anti-discrimination clauses enacted in severallaws,among whichespeciallyimportant thosein theareaoflaborand work relations. LPPDis expected to fill the legal gaps that exist in our legal system in the area of non-discrimination, and to provide for a morereadilyavailable legal protectionforall the persons that would appear as alleged victims of discrimination.The law provides in its Article 3 prohibition ongrounds such as sex, race, color of skin, gender, affiliation of a marginalized group,ethnic origin, language, citizenship, social origin, religious belief, other beliefs, education,politicalaffiliation,personalorsocialstatus, mentalandphysical disability, age,family ormaritalstatus,propertystatusandhealthstatus,in addition to the open-endedlistofgroundsprovided with the phrase “orany otherground”.

TheLPPDprohibits all forms of discrimination, including direct and indirect discrimination (Article 6), harassment (Article 7), instruction to discriminate (Article 9),and victimization (Article 10),committed by naturaland legal persons both in thepublicand privatesectors,in theareasofemploymentandlabor, education,access togoods and services,housing, healthcare,socialprotection,administration,judiciary,science,sports,membership and activities in tradeunions,political partiesand civil society organizationsand other areas,accordingly(Article4).However,theLawdoes notexplicitlyprohibitdiscriminatoryjob vacancies or statementson the discriminatoryground, subject to this research report.This should be changedand harmonizedwith theinternationalanti-discriminationstandardsin the future as stipulated with the above statedFirmaFeryncase.Inaddition,Article12oftheLPPDprovides thatmultiplediscriminationis a more severe form ofdiscrimination,i.e.discriminationagainsta certainpersonon severaldiscriminatorygroundsoccurring at the same time.This is of exceptionalimportancebecauseevery human beinghasdifferent personalcharacteristicswhich can lead in manycasesto what’s known ascumulative or inter-sectoraldiscrimination.

Direct discrimination onsomediscriminatoryground is prohibited in accordance withArticle 6 paragraph 1 of theLPPD.It occurs when apersonwas treated less favourablyby meansofdifferentiation, exclusion orrestriction that results inor could result inhis/herrightsbeing taken away,interfered withorlimited vis-a-vis another person in a comparable situation,justbecause ofhis/her protected characteristics such asethnicity, sex, age, mentalandphysical disability or other ground.Regardingthe existence of a generaljustification fordirectdiscrimination,it should bementionedthat the LPPDdoes not provide for it. On the other hand,theanti discriminationlegislationcontainsa large number ofgeneralexceptions provided for in the Articles13-15.For illustration,anaction shallnotbe consideredasdiscriminationin the following cases:if it is a measure provided by law that aims to encourage employment (Article 15 paragraph 1 point 2); whenlaying downagenuine and determiningoccupationalrequirement(Article 14paragraph 1 point 2);with thespecialcases requiringpositive action(Article 13);thedifferenttreatmentof thepersonswithmentalandphysical disabilitiesin terms of receiving training andeducation, with a view to satisfying their special educational needs in order to create equal opportunities(Article 15 paragraph 1 point 3);and whenprovidingthe specialprotectionenvisaged bylaw (Article 15 paragraph 1 point 7),etc.

Indirectdiscriminationon adiscriminatoryground is prohibited in accordance withArticle 6 paragraph 2of theLaw. It occurs when aseemingly neutralprovision,criterion orpracticeplaces, apersonwith a particularcharacteristicora widergroupof thesepersons in a particularly unfavorablepositioncompared with other persons,except ifthatprovision,criterion orpracticearises from a justified goaland the means to achieve this goal are appropriate and necessary.TheLaw provides a possibility forageneral justification ofindirectdiscriminationdepending on the existence ofa justified goaland of the so-called proportionality test. Itshould benotedthat the courts should playakey role whenresolving the dilemma about the extent to which members of agrouphave been affected in casesofindirect discrimination. In this regard, it is not explicitly forbidden to use statistical data when proving these cases, and the authors think that statistical datacould be admissible as evidence incourtproceedingsprovided that theCourthas decided on it freely and given this statistical data faith.