Employee's claims for moral damages in case of non-payment of monetary compensation for unused work leave
When filing claims for the recovery of wages and other amounts owed to the employee, the plaintiffs also make demands for monetary compensation for moral damage caused.
Judicial practice on the recovery of compensation for moral damage in the courts of the republic is almost uniform.
In accordance with the provisions of the Labor Code, wages are remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments.
We believe that the monetary value of compensation for work performed does not mean that the payment or non-payment of wages violates only the property rights of the employee.
By receiving remuneration for their work, an employee satisfies not only their property needs, since proper receipt of wages also determines the quality of the entire life of the employee and his family: meeting the needs for food, recreation, leisure, etc.
Therefore, if the employer violates its obligation to pay wages on time and in full, the employee has the right to receive compensation for moral damage caused by this, depending on the degree of violation of the obligation by the employer and the resulting negative consequences for the employee.
We believe that if a dispute arises over the fact that moral harm has been inflicted on an employee, the court may impose on the violator the obligation of monetary compensation for the specified harm, taking into account: what moral or physical suffering the victim suffered; in what amount or other material form it evaluates their compensation; under what circumstances and by what actions (inaction) they have been inflicted; the degree of physical and moral suffering associated with the individual characteristics of the person who has been harmed; the degree of guilt of the harm-doer, which confirms the fact of causing moral or physical suffering. In any case, it is up to the plaintiff to prove that he has suffered physical and moral suffering.
In the courts of the republic, claims for compensation for moral damage, along with claims for recovery of wage arrears and other payments, are satisfied. The courts seek compensation for moral damage in monetary terms, indicating that the moral damage was expressed in moral suffering, distress, despair, anger, and irritation due to improper performance by the employer of its obligations. The plaintiff had to apply to various authorities for protection of his rights.
Thus, the Oktyabrsky District Court of Karaganda ruled on the claim of K.E.A. to Al-Nazar LLP for the obligation to pay compensation for the days of the unused part of the labor leave and the recovery of compensation for moral damage. The plaintiff motivated her claims by the fact that from 10.12.2013 to 31.07.2014 she was in an employment relationship with Al-Nazar LLP as a seamstress. They were paid wages depending on their output, and I have no complaints about receiving wages from the LLP. However, when she was dismissed at her own request, due to the deterioration of her health, she was not compensated for unused work leave for the period from 10.12.2013 to 31.07.2014 in the amount of 23,900 tenge. The defendant has not resolved the issue before filing a lawsuit, her health is deteriorating, she is a group 2 invalid and she needs medications for treatment. In addition, being disabled, she was forced to repeatedly apply to her employer for compensation. As a result of all this, in addition to physical exertion on her legs, she also suffered moral suffering, she was offended that she had worked for almost 8 months, and therefore had to receive compensation for about 80% of her salary, she hoped for them, since it was necessary to purchase medicines, but had to go and borrow money elsewhere the place. All this caused her anger and resentment that she could not prove her case. She estimates the moral damage caused at 15,000 tenge.
The court found that the plaintiff had not concluded an employment contract, because the plaintiff had asked to familiarize himself with the production and work duties that he would have to perform, arguing that she was a group 2 invalid and found it difficult to work with prolonged walking, sitting and dragging bulky objects (prolonged sitting at a sewing machine, dragging and unwinding of rolls of fabric, etc.). The defendant and the plaintiff agreed that the plaintiff can come to the defendant's workshop at any time convenient for him and get acquainted with the work that is being done by the defendant in order to assess whether he will be able and willing to do it. The plaintiff came several times and got acquainted with the upcoming work, but these visits were one-time and with a long period of time, and subsequently stopped altogether. At the same time, the plaintiff did not perform any work.
During the trial, the arguments of the plaintiff K.E.A. were confirmed that she worked as a seamstress in Alnazar LLP from 10.12.2013 to 31.07.2014, and was in an employment relationship with Al-Nazar LLP.
By virtue of Article 110 of the Labor Code of the Republic of Kazakhstan, the court satisfied K.E.A.'s claim to recover compensation for unused days of paid annual leave in the amount of 23,900 tenge, as well as compensation for moral damage in the amount of 10,000 tenge.
The claims for compensation of moral damage made by the courts of the republic, along with the claim for recovery of wage arrears and other payments, are satisfied. The courts seek compensation for moral damage in monetary terms, indicating that the moral damage was expressed in moral suffering, distress, despair, anger, and irritation due to improper performance by the employer of its obligations. The plaintiff had to apply to various authorities for protection of his rights.
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