| Abstract [eng] |
At the present stage the international law legislation recognizes that the right to fair compensation for non-pecuniary damage is one of the main guarantees of protection of personal rights and freedoms. At the same time, based on the fact that impairment of non-pecuniary damage is the presence of negative changes in the mental health as a result of the realization of a violation of human rights, providing emotional, mental or physical suffering that cannot be measured in monetary terms. This covers any non-monetary damage suffered by an employee and employer as well. The aim of this work is to characterize and analyze the most recent judicial practice in labour law and main factors in more detail, which determine the scope, dynamics and problems in the protection of non-pecuniary rights. In the first chapter of this paper the concept of non-material damage is analyzed, including the historical development of this area, it’s definition in labour law and the main conditions of liability that is needed for moral damages to be awarded. The second chapter focuses on the major problems arising when employee, employer or third person tries to apply for the non-material damage compensation in courts. Last but not least, the third chapter is devoted to look through by seperately discussing the issues of criterions, due to which the value of the non-pecuniary damage is defined. |
