Compensation for moral damage in labor disputes
When applying to the court for the resolution of labor disputes, often along with the demand for reinstatement at work, recovery of wage arrears, plaintiffs claim compensation for moral damage. Such requirements are usually partially satisfied by the courts if the moral damage is caused by the unlawful dismissal of an employee. When considering employees' claims for compensation for moral damage in monetary terms in case of delayed payment of wages, courts often proceed from the provisions of paragraph 4 of Article 951 of the Civil Code, which excludes the possibility of compensation for moral damage for actions (inaction) that violate the property rights of a citizen.
Meanwhile, late payment of wages is a violation of the constitutional right of an employee to remuneration for work, which in turn refers to the non-property rights of citizens. In accordance with paragraph 1 of Article 951 of the Civil Code, moral harm is a violation, diminution or deprivation of personal non–property benefits and rights of individuals, including moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, etc.) experienced (endured, experienced) by the victim as a result of the crime committed against him. offenses. Failure by an employer to pay wages in full and within the time limits established by labor legislation is an administrative offense provided for in Article 87 of the Administrative Code. Moreover, article 1 of the Constitution of the Republic of Kazakhstan names a person, his life, rights and freedoms as the highest values, and article 24 enshrines the right to remuneration for work without discrimination. Therefore, in essence, non-payment of wages can lead to a diminution of a person's dignity and life, his health, physical and mental state. Paragraph 3 of the normative resolution of the Supreme Court of the Republic of Kazakhstan No. 3 dated June 21, 2001 "On the application by courts of legislation on compensation for moral harm" clarified that personal non-property rights and benefits, the violation, deprivation or diminution of which may result in moral harm to the victim, should be understood as benefits belonging to a citizen from birth or by virtue of law, which are inextricably linked to his personality.
Compensation for moral damage in labor disputes The Labor Code does not regulate the issues of compensation for moral damage caused to an employee by unlawful actions or inaction of the employer. However, in this case, the possibility of applying civil legislation is allowed, as is directly indicated in Article 1 of the Civil Code. According to paragraph 3 of Article 1 of the Civil Code, civil legislation applies to family, labor, and environmental relations that meet the criteria specified in paragraph 1 of this Article in cases where these relations are not regulated by family, labor, and natural resource use and environmental protection laws, respectively. Thus, the current legislation does not exclude the possibility of compensation for moral damage using the Civil Code and labor disputes. At the same time, the courts, along with the legal assessment of the claimed claims, should carefully examine issues related to the actual violation of personal non-property rights, their presence or absence.
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