Moral harm is the infliction of moral and physical suffering on a citizen as a result of the actions of other citizens or legal entities.
This type of compensation is also provided for employees whose rights are violated by the employer. In accordance with labor legislation, they are a type of financial liability of the employer to the employee.
Concept of moral hazard
The definition can be found in the Labor Code of the Russian Federation. According to this document, any physical or moral suffering that a person experiences as a result of unlawful actions or inaction of another person, encroaching on his non-material benefits (life, personal secrets, dignity, business reputation) is moral damage.
About 20 years ago, the issue of moral damage was resolved exclusively in the field of civil legal relations. But in 1994, a new Civil Code was adopted.
After the entry into force of this set of laws, proceedings relating to moral damages began to be considered in the field of labor legislation.
Drawing up a statement of claim
The amount of compensation is established within the framework of a written agreement concluded by the parties, but only if such a clause is specified in the employment contract. If the employee believes that the payment does not cover the damage caused to him, then he has the right to file a claim in court. The claim must include the following items:
- basic information about the parties to the dispute;
- full name of the judicial institution;
- a summary of the plaintiff's claims;
- request for satisfaction of the claim;
- full list of attached documentation.
The amount of compensation payment is determined by the court after careful examination of all the evidence presented during the trial.
To appeal to a judicial authority for compensation for moral damage in accordance with Art. 237 of the Labor Code of the Russian Federation, an employee is given no more than three months. Only pregnant women can file a claim later than this deadline.
In what cases is compensation due?
An employee who is officially registered at a given place of work has the right to count on compensation. You should also always read the employment contract carefully. It is advisable that there be clauses obliging management to pay your money on time and in full, as well as to comply with all labor standards.
The possibility of compensation for damage caused to an employee is stipulated in the Labor Code in Article 237. There are the most common reasons for initiating a case:
- wages are not paid or are delayed;
- illegal dismissal;
- harassment (particularly of a sexual nature);
- various types of discrimination (based on race, gender, nationality and other principles);
- psychological abuse;
- failure by the manager to comply with labor standards (inadequate workplace, etc.);
- failure by the employer to comply with collective agreements.
If the situation that arises is not specified in the employment contract, then the employee has the right to go to court.
Limitation periods
1 month - limitation period
Article 392 of the Labor Code of the Russian Federation states that the statute of limitations for reinstatement in the workplace is no more than one month from the moment the plaintiff signed the dismissal order or when the work book was received.
If during this time you did not have the opportunity to file a lawsuit for reinstatement at your previous job, then you will have no chance of receiving moral compensation. But if the court finds the employer’s actions illegal, you will not have any restrictions on the expiration of the statute of limitations (Article 208 of the Civil Code of the Russian Federation).
How to prove moral damage to an employee?
If the conflict cannot be resolved peacefully (sometimes the employer is ready to “pay off” just to avoid bringing the case to court), you should prepare all possible documents and evidence confirming your testimony. It can be:
- medical reports about deteriorating health;
- receipts for payment of medications and prescriptions;
- health certificates of close relatives, if you are the only one;
- breadwinner;
- testimonies of your colleagues and other eyewitnesses.
According to Article 1099 of the Civil Code, moral damage is compensated regardless of property damage.
That is, not only the financial costs of treatment, etc., but also the directly caused psychological discomfort will be reimbursed.
Documents of evidence
To prove his case, an employee of an enterprise can provide certain documents to the court, which will serve as the basis for compensation for moral damage. Only a statement is provided in case of moral torment of the employee, since other documents here in terms of proof will be in question.
Of particular importance are medical documents, which include certificates, sick leave certificates, reports of doctors and forensic experts. They are studied in detail by the judicial authorities when there has been a direct physical impact on the employee’s health. This applies to work-related injuries.
But they will play a mediocre role in the case where the health impairment was a consequence of poor sleep or mental state due to the actions of the employer. In this case, the court will independently and at its own discretion take them into account. The main thing is that there is a cause-and-effect relationship between the resulting consequences and the actions (inaction) of the employer. It will not be amiss to provide receipts (receipts) from pharmacies for the purchase of necessary medications.
When harm to health is associated with a source of increased danger, then compensation for moral damage to the employee is mandatory, regardless of whether the employer is at fault. This is provided for by the Civil Code, namely Article 1100.
What factors does compensation depend on and how is the amount of payments regulated?
Practice shows that in our country you should not count on large amounts of compensation for moral damage. Usually the court awards compensation of up to several thousand rubles.
Exceptions are cases of harm to the life and ability of an employee. When considering the case, the court will take into account various circumstances affecting the amount of monetary payment:
- The degree of involvement of the accused.
- The degree and nature of the moral damage caused, taking into account the characteristics of the citizen who suffered the damage.
- Demand for fairness and reasonableness.
- Circumstances under which moral damage was caused.
Each individual case is considered by the court individually. There is no known amount of compensation. There are also no restrictions on this amount. But still, in the majority of cases considered, the requested amount is not satisfied.
General provisions
The Labor Code does not clearly define the concept of moral harm. It is more focused in the Civil Code, which is worth paying special attention to. And many other areas of law can use this concept because of its universality. In general, it concerns the violation of non-property rights of a personal nature, which entailed not only moral, but even physical suffering.
If cases of compensation are provided for by law, then they must be compulsorily satisfied by the court. The amount and amounts for compensation vary. But they all proceed from numerous principles, which form the basis for them.
- The guilt of the offender, its degree, other circumstances that should be taken into account.
- The nature of any suffering caused. They must also take into account the characteristics of the individual.
- Justice and reasonableness.
- Facts and events in which everything happened.
There are times when moral damages must be compensated regardless of the employer’s fault. This mainly concerns harm to human health when the cause was a source of increased danger. In each individual case, everything must be considered individually, since there can be no talk of universality here.
How to receive payments?
There are two ways: negotiate with the employer or through the court.
If the violation is specified in a clause of the employment contract, then you can count on direct compensation from the employer. If this agreement is not spelled out in full, then it is likely that in order to receive compensation it will be necessary to prove your case in court.
When going to court, you will need to present all collected documents
(certificates from medical institutions, certificates from colleagues, etc.). Moral damage is obvious when labor rights are violated. If they were violated, the employee experienced psychological discomfort, which could even affect his health. But if the suffering was exclusively moral in nature, it will be more difficult to prove moral harm.
In this case, medical reports will be useful. For example, if psychological pressure was applied, the employee could experience constant stress, have trouble sleeping, etc. In this case, the evidence of the applicant and the testimony of colleagues is considered. If the action (or inaction) of the employer led to the complication of chronic diseases, then it will not be easy for the court to understand the cause-and-effect relationships.
In this case, it is better to prepare all prescriptions for medications, receipts and certificates. If your health has deteriorated due to unacceptable working conditions, the court will definitely rule in your favor .
Features of compensation for damage in accidents
Labor legislation obliges the employer to provide the employee with safe working conditions (Part 1 of Article 212 of the Labor Code of the Russian Federation).
If an employee receives an injury or injury from a source of increased danger (use of vehicles, mechanisms, high-voltage electrical energy, nuclear energy, explosives, potent poisons, etc., construction and other related activities, etc.), the employer is obliged to compensate him for moral damage, regardless of whether the employer is at fault. Unless he proves that the harm was caused as a result of force majeure or the intent of the victim.
When determining the amount of compensation, the court also takes into account the actions of the victim himself in the accident. For example, if there was gross negligence on the part of the employee, the amount of compensation will be reduced.
Judicial practice in our country
In Russia, lawsuits seeking compensation from employers for moral damages are not yet as common as in the West. But in our judicial practice one can find several illustrative cases.
In St. Petersburg in 2008, a group of workers filed a claim for compensation for moral damages for unfair penalties and reprimands. Each employee demanded the cancellation of penalties and monetary compensation for moral damage in the amount of 50 thousand rubles. It was understood that the reprimand at work caused psychological discomfort. The court decided the case in favor of the applicants. The penalties were declared unlawful, but the amount of compensation awarded was significantly less than the required amount. Each worker was awarded a thousand rubles for his moral suffering.
Another incident occurred in the city of Voronezh. The case is about a technical school teacher who has worked for more than forty years. The woman received many awards as a valuable and conscientious employee. As it turned out during the case, she had been harassed by her superiors for many years. Discrimination, neglect and numerous violations of the labor code on the part of the employer were proven. Facts of unpaid overtime were also proven. The compensation in this case was significant. The teacher sued the technical school for 76 thousand rubles in underpayment (indexation in the amount of 35 thousand rubles was also taken into account). The amount of compensation for moral damage amounted to 300 thousand rubles.
The court of the city of Togliatti heard the case of an electric welder who demanded compensation for moral damages in connection with an occupational disease. The plaintiff demanded an amount of 100 thousand rubles, since loss of ability to work and hearing problems affecting everyday life were established. The defendant did not refuse to pay damages, but asked the court to reduce the amount of compensation. The court's decision was in favor of the plaintiff, but taking into account the defendant's request. The court examined the circumstances of the case and, applying the principles of reasonableness and fairness, assessed compensation for moral damage in the amount of 32 thousand rubles.
Each case is individual. And the court will take many factors into account. Therefore, it is worth collecting as much evidence and evidence of violations as possible. Sometimes circumstantial circumstances are also important. So don't neglect all kinds of additional data.
How to get maternity leave if you don’t work - a detailed guide! Correct calculation of sick leave is very important. Our detailed article is written simply and clearly. You will be pleased and useful to read it.
How to resolve the issue of sick leave pay after your dismissal - read here.
By occupational disease
In this situation, we are talking about the fact that the working conditions are such that they contain factors that have a destructive effect on the employee’s health. The consequence of this may be an occupational disease.
There are diseases characterized by an acute course and those that are chronic. The legislation establishes the procedure for compensation for sick people depending on the type and severity of the disease.
The employer is obliged to pay for treatment, reimburse the costs of rehabilitation, and compensate for material losses from the disease.
He must compensate for the moral damage caused at work. It is important to note that there is no statute of limitations. A claim can be filed even if the disease did not appear immediately, but several years later.
Is compensation for moral damage possible if an employee receives an occupational disease? The answer is in this video:
