Special Aspects of Proving Emotional Damage in Labor Disputes

The article is devoted to the peculiarities of proving moral damage in the context of labor disputes. Moral damage is one of the most difficult categories, since it is subjective in nature. Unlike material harm, moral is very difficult to measure with specific numbers or objective criteria, since it is associated with emotional and psychological aspects. Therefore, the process of proving the fact of causing moral damage, as well as the amount of damage to date, causes difficulties in legal practice. In the article, the authors analyze the existing legal norms regarding compensation for moral damage in labor relations, judicial practice, and also propose ways to improve labor legislation in this area.

Authors

Publication Details

Journal
Labor law in Russia and abroad
Published
2024-08-15
DOI
https://doi.org/10.18572/2221-3295-2024-3-38-40
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
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article

Special Aspects of Proving Emotional Damage in Labor Disputes

Yulia E. Vasilenko
Labor law in Russia and abroad
Discrimination and Equality Law
article

Special Aspects of Proving Emotional Damage in Labor Disputes

Yulia E. Vasilenko
article en

Abstract

The article is devoted to the peculiarities of proving moral damage in the context of labor disputes. Moral damage is one of the most difficult categories, since it is subjective in nature. Unlike material harm, moral is very difficult to measure with specific numbers or objective criteria, since it is associated with emotional and psychological aspects. Therefore, the process of proving the fact of causing moral damage, as well as the amount of damage to date, causes difficulties in legal practice. In the article, the authors analyze the existing legal norms regarding compensation for moral damage in labor relations, judicial practice, and also propose ways to improve labor legislation in this area.

Labor law in Russia and abroad
Decent work and economic growth
Openalex Percentile: Top 76%
Discrimination and Equality Law
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