Equality Between Women and Men

Equality between men and women must be ensured in all areas, including employment, work, and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favor of the under-represented sex.

Article 23 of the Charter of Fundamental Rights of the European Union

Article 15 of the Charter of Fundamental Rights of the European Union enshrines one of the core EU freedoms—the right to employment. This right encompasses several components, outlined in various EU legislative acts: the freedom to choose an occupation, equal treatment and opportunities, fair working conditions, protection against unjustified dismissal, and maintaining a balance between family and professional life. The development and enhancement of the population’s standard of living and working conditions depend on properly safeguarding the right to employment. This guarantees preventing discrimination based on sex, persecution, sexual harassment at the workplace, and issues related to access to work, training, and promotions. The Treaty on the Functioning of the European Union ensures employees can move freely within the EU, along with the freedom of establishment and service provision.

The ECtHR shaped legal positions regarding the ban on discrimination, in particular, the Court found certain practices discriminatory: the difference in retirement ages for men and women; refusal of employment or related benefits to pregnant women; the demand for women to disclose pregnancy or pregnancy planning; and the obligation to report such information during the hiring process, among others.

Text as of March 2026

Drawing from research and human rights practices, we can identify the following issues related to exercising this right in Ukraine:

  1. At the national level, Directive 2022/2381 has not been implemented, which envisages:
    • introducing gender quotas for representatives of the underrepresented sex in non-executive director positions, as well as in all director roles, including both executive and non-executive positions;
    • selecting candidates for director positions through a comparative evaluation of each candidate’s qualifications, ensuring an unbiased process at every stage;
    • prioritizing the underrepresented sex when selecting candidates with equal qualifications based on fitness, competence, and professional activity;
    • transparency of candidate selection results;
    • properly informing voters about the measures outlined in this Directive, including penalties for companies that do not meet the requirements, especially when the candidate selection process involves voting;
    • the company’s annual reporting to the competent authority and the sharing of information about gender representation on its website.
  2. The gender balance within the civil service remains uneven. As of late 2023, the higher managerial staff in public service comprised 70% men and 30% women. Middle management included 34% men and 66% women. Non-managerial public officials were 22% men and 78% women.
  3. The national legislation has not properly implemented the provisions of Directives 2018/957, 2016/801, 2014/66/EU, 2011/95/EU, 2004/38/EU, and Regulation 2024/1347. These regulations govern the free movement of EU citizens and their family members, as well as their right to working conditions equal to those of citizens of the relevant country.
  4. Ukrainian legislation lacks specific provisions guaranteeing EU citizens and their family members the right to work and be self-employed without discrimination, including on the grounds of sex. It also does not ensure equal working conditions and social protection comparable to those of Ukrainian citizens.
  5. Ukraine does not have a dedicated agency to guarantee workers’ right to free movement.
  6. Legislative acts do not include provisions for preserving or adopting measures that grant special benefits to underrepresented genders, as outlined in Directive 2022/2381 and the Court of Justice of the European Union’s decision in Hellmut Marschall v Land Nordrhein-Westfalen.
  7. There is no dedicated independent body to ensure equality in employment and professional activities as outlined by Directive 2024/1500.
  8. There is a notable gender-based pay disparity, and the issue lacks adequate legal regulation.
  9. National legislation is not fully aligned with the provisions of Directive 2023/970 and Directive 2006/54/EU regarding equal remuneration between men and women.
    • The Labor Code of Ukraine and the Law of Ukraine “On Remuneration of Labor” do not explicitly guarantee equal pay for men and women, nor do they consider gender in this regard. This omission raises concerns about potential discriminatory conditions in ensuring equal remuneration.
    • National legislation does not mandate employers to generate and provide data on the organization’s average remuneration, broken down by sex.
    • The employer is not obliged to report on gender pay gaps.
    • Before employment, the individual is not given details on the starting salary, which is calculated using gender-neutral criteria.
    • There is no requirement to ensure that employees have access to information about how salary levels are determined or how they can be increased.
    • The set minimum salary does not address the issue of reducing the gender pay gap.
  10. The Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” does not include guarantees for self-employed individuals.
  11. In Ukraine, a practice has emerged in which women are registered as auxiliary administrative staff in the military, without officially documenting the combat roles they actually perform. This results in frequent instances of women being denied officer ranks and promotions.
  12. The absence of legislation prohibiting requesting information about a woman’s potential pregnancy or pregnancy planning, as well as the lack of obligation to disclose such information during employment.
  13. Directives 2023/970, 2006/54/EU, 92/85/EU, and 2019/1158 have not been fully incorporated into national legislation, especially regarding protection against unjustified dismissal.
    • National legislation does not specifically prohibit dismissals related to an employee’s application or vacation, as outlined in the Directives.
    • There is no provision allowing employees who believe their dismissal was based on the grounds specified in Article 40(3) or Article 184(3) of the Labor Code to demand a justified explanation from the employer. Consequently, there is no obligation for employers to provide a reason for such dismissals.
    • National legislation does not allow granting employees an equivalent position on no less favorable terms after returning from vacation, nor does it require providing such employees with improved working conditions they would have had during their absence.
  14. The lack of clear and effective protections for employees against unfair treatment by the employer or negative consequences when challenging the employer’s actions, including ensuring their right to fair and real compensation or reimbursement.
  15. Directive 92/85/EU is not fully implemented.
    • The employer’s obligations regarding the assessment of impact risk and the duty to inform pregnant employees, employees who have recently given birth, or those who are breastfeeding are not clearly defined.
    • Currently, there is no official list outlining which economic sectors and types of work in Ukraine permit women to work at night as a temporary measure.
    • The legislation does not establish a minimum of two weeks of pregnancy and childbirth leave.
    • No unconditional time off for prenatal examinations is provided in national legislation, as outlined in Article 9 of the Directive.
    • Contrary to Article 10(2) of the Directive, the Labor Code does not require that employers provide a written justification for dismissing pregnant employees, those who have recently given birth, or those who are breastfeeding.
    • The duration of vacation related to the child adoption in Ukraine is shorter than the period set in Directive 2019/1158. Additionally, this type of vacation is only available when adopting a child under three years old, although adoption is also possible at an older age.
    • National legislation does not include the provision outlined in Article 5(2) of Directive 2019/1158, which states that two months of childcare-related vacation cannot be transferred.
    • National legislation does not grant carers a 5-business-day vacation each year, as required by Article 6 of Directive 2019/1158.

What Ukraine needs to do during its accession to the EU to improve the situation:

1. To align national legislation with Directive 2022/2381, the following steps are necessary:

  • Enshrine minimum quotas of 40% for non-executive director roles and 33% for all director positions, including both executive and non-executive roles.
  • Envisage the selection of candidates for director roles by objectively comparing each candidate’s qualifications throughout the process, ensuring non-discrimination at every stage. When candidates have equal qualifications in terms of fitness, competence, and professional activity, give priority to the underrepresented sex.
  • Allow candidates to submit anonymous CVs during the hiring process within companies and authorities to help prevent gender bias.
  • Envision the companies’ obligation to provide them with the following information upon their request:
  • qualification selection criteria;
  • objective comparative assessment of candidates based on these criteria;
  • specific considerations that solely favor the candidate from the non-underrepresented sex;
  • ensure that companies are responsible for properly informing voters about the measures outlined in this Directive, including sanctions for non-compliance if the decision is made through voting;
  • enshrine that companies are required to annually report gender representation to the relevant authorities and publish this data on their websites.

2. To align national legislation with Directive 2018/957, Directive 2016/801, Directive 2014/66/EU, Directive 2014/54/EU, Directive 2014/36/EU, Directive 2011/95/EU, Regulation 2024/1347, and Directive 2004/38/EC concerning the gender aspect of employees’ freedom of movement, it is necessary to:

  • Guarantee EU citizens, their families (regardless of citizenship), and those with international protection the right to work and self-employment in Ukraine under the same conditions as Ukrainian citizens, during business trips, educational or research activities, internal corporate transfers, and seasonal work.
  • Create a framework to facilitate, analyze, monitor, and support equal treatment of EU employees and their families without discrimination, including on grounds of ethnicity. This may include assigning relevant responsibilities to another body within the national system, such as providing independent legal or other assistance, informing about complaint procedures, and helping to protect the rights of employees and their families.

3. To align national legislation with Directive 2024/1500, it is necessary to:

  • Designate one or more equality bodies to ensure equality in employment, professional activities, and the performance of duties outlined by this Directive. The Commissioner’s constitutional functions and powers are inadequate to achieve this body’s objectives.

4. To align the national legislation with Directive 2023/970, it is necessary to:

  • Clearly specify in the Labor Code and the Law of Ukraine “On Remuneration of Labor” the right to equal pay for men and women, and amend Chapter VII of the Labor Code “Remuneration of Labor” to include gender considerations.
  • Guarantee the individual’s right to know about the starting salary, which is determined using gender-neutral criteria, prior to employment.
  • Envisage the employer’s duty to produce and supply employees with data on the average payment level in the organization, broken down by sex.
  • Formalize the employer’s duty to report on gender differences in pay.

5. To align the national legislation with Directive 2022/2041, it is necessary to:

  • Establish procedures to determine and update the legislatively set minimum salary, based on clear criteria, to help reduce the gender gap in remuneration.
  • Facilitate joint negotiations on setting salaries. Directive 2022/2041 outlines specific measures that must also be incorporated into the national legislation:
  • support the development and strengthening of social partners’ capacity to participate in joint salary-setting negotiations, particularly at the sectoral and intersectoral levels;
  • encourage constructive, meaningful, and informative salary negotiations between social partners on an equal footing, ensuring that both parties have access to the relevant information needed for joint salary-setting negotiations.
  • take necessary measures to safeguard the right to hold joint negotiations on salary-setting and to protect employees and trade union representatives from discrimination or retaliation for participating in such negotiations;
  • facilitate joint negotiations on salary setting, and take the necessary steps to protect trade unions and employers’ organizations involved in or interested in such negotiations from interference by each other or their agents in their creation, functioning, or management.

6. To align the national legislation with Directive 2010/41/EU, it is necessary to:

  • Provide for the state’s duty to guarantee equal rights and opportunities for women and men in self-employment activities.
  • Identify self-employed individuals as a distinct category that is guaranteed protection against any gender-based discrimination. This protection specifically applies to activities such as starting a business, expanding self-employment, etc., and allows for positive actions to uphold the principle of equality.

7. To align the national legislation with Directive 2006/54/EU, it is necessary to:

  • Ensure that when establishing remuneration through a position classification system, the same criteria apply to both men and women. The system should be designed to prevent any gender-based discrimination.
  • Specify the prohibition of gender-based discrimination in both the state and private sectors regarding:
  • conditions of access to employment, self-employment, or occupation, including selection criteria and hiring conditions, regardless of activity sector and at all levels of the professional hierarchy, including promotion;
  • access to all types and levels of professional guidance, training, advanced courses, and retraining, including practical work experience;
  • hiring and work conditions, including dismissal and remuneration;
  • membership and participation in the organization of employees, employers, or any other group whose members are involved in a specific profession, including benefits offered by such organizations;
  • determining the woman’s right to return to her job or an equivalent position after vacation due to pregnancy and childbirth, under no less favorable conditions, including any improvements in work conditions she would have gained during her absence;
  • taking measures to protect working men and women from being dismissed for exercising their right to vacation related to childbirth and/or adoption, while also guaranteeing their right to return to work;
  • implementing measures necessary to ensure real and effective compensation or reimbursement of losses and harm caused to a person affected by gender-based discrimination, in a way that is both deterrent and proportionate to the harm caused;
  • creating a body to facilitate, analyze, monitor, and support the principle of equal treatment for all individuals without gender-based discrimination.

8. To align the national legislation with Directive 2001/23/EU, it is necessary to:

  • clearly state in the legislation that transferring an enterprise, business, or its part should not, by itself, justify dismissing an employee, except when economic, technical, or organizational reasons necessitate it, as they result in changes to staff composition. These should consider the relevant provisions of the Civil Code of Ukraine regarding various forms of legal entity termination.
  • Include provisions allowing the restriction of the compliance period with the terms of the previous collective agreement, in force before the transfer of the enterprise, business, or part of it. This restriction should specify that the period must be less than one year to protect employee rights.

9. To align the national legislation with Directive 92/85/EU, it is necessary to:

  • Enshrine the employer’s obligation to assess impact risks and identify the relevant jobs with limited use for pregnant employees, new mothers, or breastfeeding employees, considering the principles of production process assessment and their health conditions.
  • Consider the employer’s duty to inform pregnant employees, new mothers, breastfeeding staff, and those who may find themselves in these situations about the potential risks associated with their work.
  • Establish that employers cannot force pregnant employees, new mothers, or breastfeeding employees into specific types of work, night shifts, overtime, weekend work, or business trips, contrary to the ban on engagement specified in Article 176 of the Labor Code of Ukraine. Employees should be allowed to make the final decision regarding these work assignments or activities.
  • Allow a ban on nighttime work exclusively when it may harm employees’ health, instead of work restrictions outlined in Article 175 of the Labor Code of Ukraine.
  • Enshrine the right for pregnant employees, new mothers, and breastfeeding employees to take leave from work. This includes longer vacation due to pregnancy and childbirth or vacation to care for a child under three if night work cannot be moved to daytime, as outlined in Article 178 of the Ukraine Labor Code.
  • Establish a mandatory minimum vacation period of at least two weeks for pregnancy and childbirth, as specified in Article 179 of the Labor Code of Ukraine and Article 17 of the Law of Ukraine “On Vacations.”
  • Provide for in the Labor Code of Ukraine and the Law of Ukraine “On Labor Protection,” the right of pregnant employees to take leave for prenatal examinations without losing their salary, if these examinations occur during working hours.
  • The legislation should specify that, in cases of dismissing pregnant employees, employees who have recently given birth, and breastfeeding employees during the period from the start of pregnancy to the end of maternity leave (as an exception to the general prohibition), the employer is required to provide written, justified reasons for the dismissal.

10. To align the national legislation with Directive 2019/1158, it is necessary to:

  • Extend the child adoption leave duration mandated by Ukrainian law to a minimum of 4 months.
  • Clarify that two months of child care leave until the child turns three, as well as vacation due to child adoption, are non-transferable.
  • Remove the provision in Article 182 of the Labor Code of Ukraine, which states that when a child or children are adopted by a couple, leave is granted to only one of the spouses at their discretion.
  • Establish the procedure for taking a vacation to care for a child up to the age of three and a vacation due to child adoption, specifying a reasonable notice period and application form requirements.
  • Expand the scope of individuals for whom care necessitates a vacation, as specified in Article 25(1)(10) of the Law of Ukraine “On Vacations,“ to include “a person living or sharing a household with the employee.” Additionally, provide the employee with the right to request a flexible work schedule for caregiving purposes, and establish the procedure for submitting a request for flexible hours and reverting to the original schedule.
  • Implement provisions of Article 10–14 of Directive 2019/1158/EU.
  • Enshrine the possibility for employees to use the child care leave flexibly.
  • Consider the prohibition on dismissal and preparation of employees for it if they have applied for or taken parental leave, childcare leave, caregiver leave, or used their right to request a flexible schedule during these times.

For a more detailed overview of the EU and Ukraine’s acquis and case law related to this right, and the rationale for our recommendations, please see the research section of this page. Specifically, see the document available only in Ukrainian: Correspondence of national human rights mechanisms to EU standards: gender aspect of the right to work. If you have any feedback or comments about this material, please send them to: hrmap@ccl.org.ua.

Published materials may be used provided that a mandatory link to the original source is included. © 2026 Center For Civil Liberties.

Experts

Picture of Yuliia Yaremko

Yuliia Yaremko

Attorney, consultant of the “JurFem” Analytical Center

Picture of Kateryna Pylypenko

Kateryna Pylypenko

consultant, assistant to a lawyer of the Analytical Center of the Association of Women Lawyers of Ukraine “Jurfem”, bachelor’s degree holder of the School of Law of the Ukrainian Catholic University

Author picture

The Jurfem Analytical Center