About the forms of compensation for moral damage caused to an employee

Abstract

Labor legislation of the Russian Federation creates the necessary legal framework for the regulation of social and labor relations. One of the mechanisms for harmonizing relations is the rules on the responsibility of the parties to an employment contract. At the same time, new forms of labor management appear, new legal forms and types of employers appear, and new generations of workers are included in the labor process. Since the adoption of the current Labor Code of the Russian Federation, significant changes have taken place in technic and technology, but even greater changes are being made in the forms of labor organization. In addition, new generations of workers entered the phase of active work ability, which in their psychology and attitude to the surrounding reality are strikingly different from previous generations. To a large extent, this is facilitated by the mobility of labor resources, and not only within the country. New generations of employees have the opportunity to compare the forms and methods of cooperation between employers and employees. These changes in the socioeconomic sphere, together with the development of Russian society in general and its human potential in particular, necessitate revising many provisions of labor legislation. Some of these relate to employer liability rules. For example, the forms of compensation for moral harm caused to the employee seem to be insufficient. Currently, the Labor Code of the Russian Federation provides for one form of compensation for moral damage — monetary (Article 237). At the same time, taking into account the ongoing changes, it would be appropriate to expand the range of forms of compensation for moral damage caused to an employee. In particular, it is necessary to supplement Article 237 of the Labor Code of the Russian Federation with the corresponding provisions, pointing out the possibility not only of paying monetary compensation, but also the possibility of apologies in writing or orally (public). In addition, Chapter 60 of the Labor Code of the Russian Federation should be supplemented with provisions that the court considering the labor dispute, if the employer’s actions are found to violate the employee’s rights, may, at the employee’s request, make a decision on compensation for moral damage in monetary or other forms.

Keywords:

labor, labor law, employer, responsibility, moral damage