Pagava T.L. The Features of Application of Compensation for Non-Pecuniary Damage in Labor Disputes
DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.7
Teymuraz L. Pagava, Postgraduate Student, Department of Civil Law Disciplines, Volgograd Institute of Management – Branch of Russian Presidential Academy of National Economy and Public Administration, Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-2199-3278
Introduction: in the paper, the author conducted a study of the application of compensation for moral damage in case of violating the citizens’ property rights in the performance of labor duties. The purpose of this issue is to analyze the doctrinal approaches to the application of civil law to labor relations, identify cases and problems of applying compensation for moral damage in defense of the violated property and labor rights of citizens, and propose solutions to the problems studied. In addition, the author established the property right of the employee, which is subject to protection using such a method of protection as compensation for moral damage – this is the right to timely and full payment of wages. As part of the exercise of this right, the author identifies the problems related to the application of non-pecuniary damage compensation to these relations. Methods: the methodological framework for this work is a set of methods such as formal-logical and system analysis. Results: in the course of the study, the author develops a concept according to which it seems reasonable to apply civil law to labor relations of a private legal nature, unless special law provides otherwise. Conclusions: the study found that labor law allows the application of civil law, if it does not contradict the rules of special law. The author also proposes to make changes to the current labor and civil legislation. In particular, it is proposed to take into account the amount of the property damage caused, as well as other circumstances that deserve attention when determining the amount of compensation for non-pecuniary damage in cases of violation of the employee’s property rights.
Key words: non-pecuniary damage, compensation, property rights, citizen, labor rights.
Citation. Pagava T.L. The Features of Application of Compensation for Non-Pecuniary Damage in Labor Disputes. Legal Concept, 2020, vol. 19, no. 1, pp. 60-63. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.7
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