Regarding compensation for moral damage to an employee as a result of mobbing in the workplace

One of the issues that requires research and theoretical elaboration is compensation by the employer for moral damage to an employee as a result of mobbing (harassment) in the workplace, which has certain features that have not been fully studied so far. It is also not properly regulated in the norms of the current labor legislation of Ukraine, which significantly affects the effectiveness of the implementation by employees of their labor rights in this area, despite the fact that compensation for moral damage caused by mobbing in the workplace is an extremely important guarantee for the protection of the labor rights of employees. Therefore, the purpose of the article is to consider issues related to compensation by the employer for moral damage caused to an employee as a result of mobbing (harassment) in the workplace. It is concluded that in order for an employee to have the right to compensation for moral damage, the fact of mobbing must be confirmed by a court decision that has entered into legal force. In turn, in order for the fact of mobbing during employment to be recognized in court, it is necessary to provide appropriate, admissible and sufficient evidence. In particular, the employee’s right to compensation for moral damage as a result of mobbing (harassment) in the workplace arises only when the violation of his legal rights has led to a set of certain negative consequences. This set includes the following legal facts: 1) the presence of moral suffering; 2) the loss of normal life relationships, 3) the need for additional efforts to organize life. At the same time, the absence of one of them makes it impossible for the employer to compensate the employee for moral damage, which significantly limits his right to compensation for moral damage and gives the employer grounds to avoid liability. And only then, if there is a relevant court decision that has entered into legal force, establishing the fact of mobbing in the workplace, and if as a result there was moral suffering, loss of normal life relationships and the person has to make additional efforts to organize his life, the victim has the right to expect compensation for moral damage.