The problem of defining moral damage caused to the employee

Abstract

Compensation for moral damage is one of the rights guaranteed by the Basic Law of Ukraine; reimbursement of this type of harm is one of the ways to protect labor rights as well. One of the main problems at the moment is the absence of the enshrined concept of moral damage in the Constitution and the Civil Code of Ukraine (this institution is of a civil law nature). Consequently, the aim of the Article is to consider how foreign and domestic scientists approach the term “moral damage” in general and in labor relations in particular and to provide our own definition of this category. The following methods were used when preparing the Article: dialectical, monographic, historical, normative and dogmatic, sociological, legal modeling. Research results. The origin of the term “moral damage” in the world practice and in our country has been investigated. It has been examined, what is moral damage in Ukrainian legislation, as well as in the legal instruments of some other States (Italy, Philippines, El Salvador, Kazakhstan, UAE). The approaches to the concept of moral damage in general and in labor relations in particular have been studied based on the works of foreign and Ukrainian researchers, relevant legal acts of our and other countries, court practice. It has been established that there are three approaches to defining the term of moral (non-property) damage caused to an individual in the theory of civil law. We agree with the opinion by researchers who believe that the fact of establishing moral, mental or physical suffering is not enough – it is necessary to have losses of non-pecuniary nature or negative consequences of a moral or other character. The author’s definition of moral damage as well as moral damage caused to the employee as a result of violation of his (her) labor rights has been proposed.