Labor disputes on the recovery of moral damage in case of non-payment of wages

When applying to the court for the resolution of labor disputes, often along with claims for the recovery of wage arrears, plaintiffs make additional claims for compensation for moral damage. Such requirements are usually partially satisfied by the courts.

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 names a person, his life, rights and freedoms as the highest values, and article 24 of the Basic Law establishes 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 November 27, 2015 No. 7 "On the application by courts of legislation on compensation for moral damage" clarified that personal non-property benefits and rights, the violation, deprivation or diminution of which may result in moral harm to the victim, should be understood as benefits or rights granted by law belonging to a citizen from birth, which they are inextricably linked with his personality.

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.

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 claims, carefully examine issues related to the actual violation of personal non-property rights, their presence or absence.

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.

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.

By the decision of the Atyrau City Court of August 19, 2016 on the claim of A.A.K. to YUKK Constant LLP for the recovery of wages and compensation for moral damage in the amount of 200,000 tenge, the plaintiff's claims were partially satisfied, compensation for moral damage in the amount of 30,000 tenge was recovered from the defendant in favor of the plaintiff.

The court found that on December 1, 2015, an employment contract was concluded between A.A. and YUKK Constant LLP until December 31, 2016, under the terms of which A.A. was hired as a lawyer with a probation period of up to two months and a monthly salary of 40,000 tenge with withholding mandatory deductions. By order dated March 25, 2016, A.A.K. was dismissed from YUKK Constant LLP at his own request. The plaintiff requested to collect wage arrears for the months of February-March 2016. The defendant argued in court that they had no salary debt to the plaintiff, since the plaintiff had been dismissed since January 26, 2016. At the same time, from the examined workbook of A.A.K., the court found that the employment contract with YUKK Constant LLP was terminated by the plaintiff on the basis of an order dated March 25, 2016. In this regard, the court, in accordance with the provisions of Articles 23 and 113 of the Labor Code, reasonably partially satisfied the claim regarding the recovery of wages, since the employer violated the requirements of labor legislation on timely payment of wages.

The court also awarded compensation for moral damage, as the defendant unlawfully delayed the payment of wages to A. A.K. and violated his personal non-property benefits.

By the decision of the Ekibastuz City Court of Pavlodar region dated November 14, 2016 on the claim of L.T.A. to Ek Alpar LLP for the recovery of salary arrears and compensation for moral damage, the plaintiff's claims were partially satisfied, compensation for moral damage in the amount of 20,000 tenge was recovered from the defendant in favor of the plaintiff.

The court found that according to the employment contract dated May 1, 2014 and other additional agreements to it, the plaintiff was hired as a security guard.

From December 2015 to May 2016, the plaintiff was not paid a salary in the amount of 232,459 tenge, which is confirmed by a certificate signed by the heads of the LLP, confirmed at a court hearing by the director of the partnership. The plaintiff in her lawsuit refers to the fact that her husband needs long–term treatment, unable to provide him with such treatment due to not receiving money, felt and is experiencing shame and humiliation in front of him, relatives, acquaintances, forced to go repeatedly to the director of the LLP to receive money, but her demand for payment of money is ignored the management of the partnership with references to the lack of funds.

The court pointed out that in a particular case, the defendant infringed on the plaintiff's right to receive remuneration for the work performed, in connection with which, she actually experienced moral suffering, to which she referred in court proceedings. The plaintiff points out the existence of moral suffering caused by unpaid labor in his arguments, and this circumstance was not refuted by the director of the LLP. In this regard, the court, based on the principles of fairness and sufficiency, taking into account the circumstances of the case, taking into account the degree and form of the defendant's guilt, violation by the defendant of the legal norms of labor legislation, concluded partial compensation for moral damage, reducing the amount of the claimed moral damage from 200,000 tenge to 20,000 tenge.

 

 

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