Open AccessPractice of compensation for moral damage in labor law of Ukraine and foreign countries
Author(s) -
Olena Ivanivna Kyselova,
Марія Солдатенко
Publication year - 2020
Publication title -
pravovì gorizonti
Language(s) - English
Resource type - Journals
ISSN - 2519-2353
DOI - 10.21272/legalhorizons.2021.i26.p59
Subject(s) - legislation , compensation (psychology) , legislature , law , liability , labour law , labor disputes , business , law and economics , political science , labor relations , economics , social psychology , psychology
The problems of legislative regulation of compensation for moral damage caused to an employee in terms of labor liability of the employer are studied. It is established that the current labor legislation does not contain a clear and sufficient regulation of this issue, so compensation for moral damage under labor legislation is an urgent problem at this stage of development. Thus, the Labor Code of Ukraine does not contain the very concept of nonpecuniary damage, indications of any criteria that affect the amount of compensation, does not provide sectoral specifics of protection of employee rights, therefore, the law enforcer is forced to address many issues of the Civil Code . All this, in our opinion, creates gaps in labor law. Therefore, it is proposed to develop clear criteria for determining the presence or absence of moral suffering of the employee as a result of violation of his labor rights guaranteed by law. In addition, it is determined that in Ukraine to this day there are a number of obstacles to the formation of uniform judicial practice for resolving labor disputes. One of them, in our opinion, is the lack of clearly defined criteria for determining the amount of non-pecuniary damage. After analyzing the experience of foreign countries on compensation for moral damage to employees in labor law, and the experience of Ukraine on this issue, we propose to introduce into law a specific list of cases that cause non-pecuniary damage in labor law, as well as to establish a minimum amount of moral damage. when the court decision determines its size, which is not proportional to the losses incurred by the injured person. Also, we consider it expedient to create certain subdivisions in the courts that would deal exclusively with labor disputes. A positive application of this practice would be the ability to elect judges from these units from ordinary citizens involved in labor relations, following the example of France. Such a system helps to increase the level of trust of employees and employers in the court and the resolution of labor disputes, including cases of compensation for moral damage.