Foreign experience of the legal regulation of compensation of moral damage to the employee

Abstract

The article examines the issues related to the compensation of moral damages to the employee and the determination of the amount of moral damages in case of violation of the employee’s labor rights. The relevance of the research topic is justified by the fact that in modern conditions the institution of compensation for moral damage in labor law needs to be improved, in particular, in the part of the procedure for determining the amount of compensation. The institution of compensation for moral damage to the employee is widespread in the international community and in some foreign countries, which indicates the effectiveness of this institute in the regulation of labor relations. The article analyzes the provisions of the current labor legislation of Ukraine in the part of regulation of compensation for moral damage. The specifics of compensation for moral damage in labor law are also defined, which allow to partially distinguish the specified institution from the institution of moral damage in civil legislation. During the writing of the article, both general scientific methods and special-legal methods were used, in particular, the method of state-legal modeling, dialectical, formal-legal, systemic-structural, comparative-legal and other methods. The foreign experience of legal regulation of compensation for moral damage to the employee is summarized, as well as proposals for improving the labor legislation of Ukraine developed on its basis. In the process of writing the article, the legal framework and judicial practice regarding the compensation of moral damage to the employee of Austria, Great Britain, Germany, France, the United States of America and other foreign countries were investigated. The legal regulation of the definition of moral damage, the grounds and conditions of liability, the procedure for considering cases on determining the amount of compensation for moral damage to an employee as a result of the employer’s illegal actions are analyzed. Taking into account foreign experience, it was established the need to develop an effective mechanism for determining the amount of moral damage, which, in turn, will contribute to the unification of the specified mechanism and ensure the stability and unity of judicial practice and the predictability of court decisions. A comparative analysis of compensation for moral damages within the framework of labor relations under the legislation of foreign countries allowed us to conclude that the system of determining the amount of compensation for moral damages formed in them can be taken into account when improving the current labor legislation of Ukraine.