Правовое регулирование труда работников с наследственными заболеваниями
Legal regulation of employment for individuals with genetic disorders

Summary/Abstract: In Russian labor law, all individuals employed in hazardous and dangerous occupations subject to mandatory medical examinations under Order No. 302n of the Ministry of Health and Social Development of the Russian Federation. However, the medical commission may restrict or prohibit access to such jobs, due to increased risk and responsibility, if it finds signs of genetic disorders, including epilepsy, hemophilia, or inherited metabolic diseases. There are already documented instances of the denials of employment for public transportation drivers, workers of chemical industries, and operators of complex equipment. They confirm that the eligibility of individuals to work in conditions of high risk depends, to a significant degree, on whether or not they have genetic predisposition or conditions. The cases from the judicial practice in Russia also demonstrate how the provisions of the Labor Code of the Russian Federation are applied in courts to resolve disputes over possible effects of genetic disorders in the workplace. Therefore, it becomes evident that the theoretical problems of genetic discrimination, freedom of autonomy, respect for confidentiality, and legal guarantees are directly reflected in many real situations from healthcare practice, labor relations, and litigation. The results of this study lead to the conclusion that the existing legal regulation of employment for individuals diagnosed with genetic disorders demands a well-established legislative framework and strict adherence to ethical standards in medical and social practices.

• Details
• Contents