Disputes about the recovery of moral damages in connection with the violation of labor rights
By virtue 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, physical pain, inferiority, discomfort, etc.) experienced (endured, experienced) by the victim. as a result of the offense committed against him.
When considering claims for recovery of moral damage in connection with violation of labor rights, it should be borne in mind that the plaintiff was deprived of the constitutional right to receive remuneration for work, which is regarded by the court as causing moral suffering experienced by the plaintiff as a result of unlawful violation, diminution or deprivation of personal non-property rights belonging to him.
By the decision of the Petropavlovsk Court No. 2 dated February 24, 2016, in satisfaction of the claim of P.A.V. to the individual entrepreneur K.D.V. for the recovery of moral damage.
It was established that the plaintiff worked as a sales representative for the sole proprietor from June 2012 to December 2013.
During the period of work, the employer did not make pension contributions to the pension fund, resulting in arrears on pension contributions in the amount of 90,000 tenge.
The court unreasonably refused to satisfy the claim for recovery of moral damage.
At the same time, when determining the amount of compensation for moral damage, it was necessary to take into account not only the claimant's subjective assessment of the severity of the moral harm caused to him, but also objective data indicating both the degree of moral suffering and the form and degree of guilt of the defendant, who has been violating the requirements of the law "On Pension Provision" for a long time, according to which the transfer of pension contributions is the responsibility of the employer.
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