The case-law from the ECHR regarding the compensation of moral damage to the employee

Abstract

The purpose of the article is to study the practice by the ECHR regarding reimbursement for moral harm caused to the employee. The subject matter of research is moral damage. Methodology. The methodological bases for the Article are: general scientific, systematic methods, method of descent from the abstract to the concrete, sociological and legal research method, method of generalizing judicial practice, etc. Research results. The judgments by the ECHR on compensation for moral damage to employees, which was caused as a result of discrimination, dismissal due to a strike, because of the statement in the media, political beliefs, based on gender and due to illness, were considered. Practical meaning. It was proven that since the rights of the second generation (which include labor rights) are not reflected in the Convention, a person has no right to apply for their protection to the Court. This is possible only if other fundamental rights were affected during the violation of labor rights. Value/originality. The use of case-law from the ECHR in the process of researching the institution of compensation for moral damage to an employee will contribute to the development of its use in law enforcement activities and the dissemination of the experience of equitable reimbursement as a way to protect the violated rights and legitimate interests of workers in Ukrainian realities.