- Tytuł:
- The specifics of proving causing moral damage to the employee
- Autorzy:
- Panchenko, Olha
- Powiązania:
- https://bibliotekanauki.pl/articles/2120153.pdf
- Data publikacji:
- 2022-09-30
- Wydawca:
- Wydawnictwo Adam Marszałek
- Tematy:
-
causal link
employer
expert
individual features
labor relations
psychological examination
victim
presumption of moral damage - Opis:
- The article is devoted to causation as one of the main conditions for compensation for moral damage. The specifics of causal link in labor relations are considered and it is established that the theory of direct and indirect causation is the most acceptable from both theoretical and practical perspective for solving the question of its presence or absence. It is proved that an illegal act on the part of the employer should result in moral damage to the latter; if there is no such connection, then, accordingly, the damage to the employee was caused for other reasons, which means that there is no obligation in this legal relationship. Particular attention is paid to primary (direct) and indirect (secondary) moral damage, as moral damage may lie in pain-related experiences or in connection with a disease caused by mental suffering. The process of proving the fact of moral damage and the existence of a causal link, which is quite specific in the employment relationship, is considered. The employee can prove the existence of moral damage by the following means: 1) written, physical and electronic evidence; 2) expert opinion; 3) testimony. Some legal practitioners argue that most labor courts today actually apply the presumption of moral damage, but we do not agree with this conclusion, although we insist on enshrining it in Ukrainian legislation. In our opinion, any lawlessness on the part of the employer affects both the employee’s mental health, i.e. his (her) self-esteem, self-reliance, attitude to the events taking place in his (her) life, etc., and physical health, i.e. the normal functioning of the body. It is proved that it is expedient to involve an expert in every case related to compensation for moral damage in labor relations, whose conclusion is important both in the process of proving the fact of moral damage and determining its amount. Only a specialist is able to properly assess the characteristics of the victim’s behavior in problematic situations and the features of his (her) emotional state under certain circumstances.
- Źródło:
-
Reality of Politics; 2022, 21; 93-107
2082-3959 - Pojawia się w:
- Reality of Politics
- Dostawca treści:
- Biblioteka Nauki
Artykuł