The USA Journals Volume 03 Issue 06-2021
61
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
61-66
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-09
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article is aimed the relevance of employee remuneration relations, the existing theory and legal
practice of compensation, liability arising from injuries of workers and employees in the workplace,
compensation for damage to the life and health of workers and employees in the process of work,
and provided to employees, discusses the types of guarantees and compensation.
The article also discusses the obligation to compensate for the damage caused to the employee, civil
liability by its legal nature, whether it arose as a result of damage caused to the employee in
connection with the performance of labor duties, and the employer's obligation to fully compensate
for the damage.
KEYWORDS
Damage to the employee, compensation for losses, labor activity of workers and employees,
recovery of losses, the obligation to compensate for damage caused to the employee.
INTRODUCTION
The question of the relevance of the attitude
to compensation for damage to an employee
is very relevant in national jurisprudence. We
can say that in the existing theory and legal
practice
there
are
disputes
about
compensation for such damage.
Lawyer V. Boldyrev considers it logical that
compensation should be considered as a civil
law relationship, and relations on ensuring
healthy and safe working conditions should be
considered as regulated by other branches of
law (labor, administrative, constitutional law)
[1]. The views of this scientist were supported
The Relevance Of Attitudes Towards Compensation For
Losses To An Employee
Israylov Bakhtiyor Adilovich
Independent Researcher Of The Supreme School Of Judges Under The Supreme Judicial Council
Of The Republic Of Uzbekistan
Journal
Website:
http://theamericanjour
nals.com/index.php/taj
pslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 06-2021
62
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
61-66
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-09
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2021:
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by other experts. In particular, A. Erdelevsky
notes that relations arising from damage are
civil relations even in the case of labor
relations between the victim and the victim
[2].
Obligations arising from harm to the health of
workers and employees in production were
regulated in the 1920s by the Civil Codes of the
Union republics. Later, these rules were
adopted in the Fundamentals of Civil
Legislation and Civil Codes of all Union
republics. This attitude of the legislator to the
doctrine of law classified the relationship
about damage caused to workers and
employees as a clear civil law relationship.
Until 1962, all authors who studied the
problem of the sectoral significance of liability
for damage considered it as a civil law
relationship. With the adoption of the Decree
and the Regulations of the Presidium of the
Supreme Soviet of the USSR of October 2,
1961 "On the procedure for compensation for
harm to the health of workers and employees
in connection with work" in the legal literature
is not. Opinions were expressed that the
institution of compensation should be of a
labor-legal nature [3].
In the days of the former Soviet Union, the
analysis of material liability in the field of labor
law always began with the criteria for
separating the material liability of workers and
employees from property liability under civil
law, limitation. These features (limiting
criteria) include the entities that caused the
damage, the basis and amount of material
liability, the procedure for compensation.
Much attention was paid to determining the
sectoral nature of material responsibility in
the views of O. Leist. He was one of the first in
the field of legal theory to define the place of
material responsibility as an independent type
and to reveal its essence. At the same time, O.
Leist believed that material responsibility
arises from civil liability [4].
Commenting on this issue, E. Agibalova noted
that the norms governing liability for causing
harm to a person are combined into a single
institution of civil law - the institution of
obligations arising from the harm caused. The
circle of persons entitled to compensation,
the procedure for determining the amount of
compensation, changing the amount of
compensation in the event of a change in the
victim's working capacity, etc. Are common to
all other cases of harm to the health of
employees [5].
Injury to an employee is, by its very nature,
part of a civil tort obligation. However,
damage is not only a condition, but also a
measure of tort liability. Because the amount
of civil liability is determined by the amount of
damage, and not by the offense. Accordingly,
the amount and grounds for liability for
damage will undoubtedly depend on the
damage itself. Thus, the definition of the
concept, size, signs of damage, finding the
points of integral regulation of labor law and
tort norms in civil law are the basis for
constructing compensation for harm to an
employee, the goal of our study.
Depending on the various types of legal
activities of subjects, the theory of law divides
damage into "contractual"
and "non-
contractual" types, depending on the time of
occurrence of the damage.
The USA Journals Volume 03 Issue 06-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
June 30, 2021 |
Pages:
61-66
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-09
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Contract damage arises from failure to fulfill
obligations arising from law or contract. The
parties enter into a relationship before the
damage occurs, and liability for damage
caused by a breach of this relationship is
determined in accordance with the provisions
of the law governing the relationship or the
terms of the contract.
In the Russian Federation, the views of
scientists on the formation of relations on
compensation for harm to the life and health
of an employee in accordance with the norms
of labor legislation have recently been
refuted. Because today
Russian
labor
legislation, in particular the Labor Code, does
not provide for such responsibility of the
employer. Article 184 of the Labor Code,
entitled "Guarantees and compensation in
case of accidents at work and occupational
diseases", states that only in the event of an
accident at work or occupational disease, the
loss of wages of an employee (family), as well
as additional costs of medical care, social and
vocational rehabilitation for injury or costs
associated with the death of an employee. In
these cases, the type, size and conditions for
the
provision
of
guarantees
and
compensations to employees are determined
by federal law [6].
Opinions on this matter are also expressed in
the domestic legal literature. In particular, the
issue of compensation for harm caused to the
life and health of workers and employees in
the process of their employment is still
controversial. Because such relations are
regulated not only by civil, but also by labor
and administrative legislation [7].
Protecting the rights of vulnerable employees
required a review of this mechanism. The Law
of
the
Russian
Federation
"On
the
responsibility of the employer for damage
caused by an accident at work" of 1903,
"correcting" the norms of civil law, provided
for [8]:
1)
Damage caused by an industrial accident is
insured. Except in cases caused by gross
negligence and revenge of the victim.
2)
The employer is responsible for proving
revenge and gross negligence.
In accordance with Article 1005 of the Civil
Code of the Republic of Uzbekistan, harm to
the life and health of a citizen in the
performance of contractual obligations, as
well as military and service duties, is
compensated in accordance with Chapter 57
of the Civil Code. Code (liability for damage).
Thus, relations on compensation for harm
caused by an employee with an occupational
injury or occupational disease during the term
of the employment contract are fully
regulated by the norms of tort obligations,
which are reflected in the Civil Code.
After the Republic of Uzbekistan gained
independence, relations related to the
compensation of the employer to employees
for harm caused by disability, occupational
disease or other damage to their health in
connection with the performance of their
official duties, the Labor Code of the Republic
of Uzbekistan, the relevant articles of the Civil
Code (Chapter 57). It is regulated by the Law
of the Republic of Uzbekistan "On labor
protection", the Rules for determining
disability, the Regulation on the procedure for
the investigation and registration of accidents
at work and other rules. According to these
laws, the damage caused to the employee is
compensated in accordance with the Labor
The USA Journals Volume 03 Issue 06-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
June 30, 2021 |
Pages:
61-66
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-09
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Code and special norms, as well as, in some
places, special norms of the Civil Code.
However, by its legal nature, it is within the
framework of the doctrine of national law in
terms of obligations arising from harm.
The system of responsibility, based precisely
on the basis of risk, by its very nature was
closer to this system of responsibility. The
developing industrial society needed a system
of professional responsibility based on risk
assessment. The risk-based liability framework
needed to be changed so that the employer
could be held liable for injury caused by injury
in the absence of illegal action by the
employer, other employees, or a source of
high-risk production equipment.
Compulsory social insurance was one such
protection mechanism. It includes not
individual, but special, insurance (collective)
liability (in the broadest sense - collective
responsibility to protect the property interests
of the employee in the event of damage). The
socio-economic theory of the late 19th - early
20th centuries considered this responsibility
as the responsibility of a specific industry in
the form of an employer for the objective
professional risks inherent in the industry.
It should be noted that the health and life of
an employee is the highest value, which is
protected by the Constitution and laws. And
these inalienable rights cannot be regulated
by any contract or employment contract. In
the event of harm to the health or life of an
employee (disability at work, occupational
disease, etc.), his or her absolute rights are
violated, and an absolute violation of his or
her own rights automatically entails civil
obligations [9].
The opinion of the scientist in the field of labor
law A. Inoyatov about the sectoral nature of
compensation for harm to an employee is also
relevant. In particular, the scientist noted that
the civil law of the republic also provides for
the relevant legal norms on these issues.
However, it is difficult to say that the articles
of the Labor Code of the Republic of
Uzbekistan and the Civil Code are fully
consistent with each other in structure and
content. In such cases, that is, in the correct
application of the norms of both codes in
practice, a special place is occupied by the
Resolution of the Plenum of the Supreme
Court of the Republic of Uzbekistan dated
September 5, 1986 No. 13 [10].
In addition, the fact that relations on
compensation for harm to an employee are
also regulated by the norms of the Labor Code
does not mean that the legal nature of
relations related to this harm belongs to labor
law. The fact that moral damage to an
employee, other damage to health and life is
mentioned in the Civil Code, i.e. liabilities
arising from damage indicate that the
legislature does not consider the relationship
as an employment relationship.
In the legal field, protective equipment for
employees
has
also
been
developed.
According to the prevailing legal doctrine of
the time, the employment contract was
viewed as a kind of civil law contract for the
lease of services (location condition). In
theory, this would allow the worker to use a
contractual liability system rather than a civil
liability system in the event of an injury
resulting from an occupational injury.
However, due to the principle of freedom of
contract, which was fully valid at the time, the
employer was only liable for an occupational
The USA Journals Volume 03 Issue 06-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
June 30, 2021 |
Pages:
61-66
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-09
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injury if he was willing to do so. Such a liability
system will not provide the employee with
adequate protection. Moreover, in the
context of more de facto inequalities in social,
property and information status between the
employee and the employer, it would be more
difficult to prove the employer's guilt,
especially the family of the employee who
died as a result of an industrial accident. In
response to such difficulties, the legislature
passed
special
laws
that
somewhat
"corrected"
the
civil
compensation
mechanism in the event of injury to an
employee as a result of an industrial accident.
Similarly, in the second paragraph of clause 17
of the resolution of the Plenum of the
Supreme Court of December 19, 2003 No. 18
"On judicial practice on compensation for
harm to the life and health of an employee in
connection with the performance of labor
duties." “There is a dispute about the method
and amount of compensation. In this case, the
courts must comply with Article 1022 of the
Civil Code of the Republic of Uzbekistan. This
is one of the proofs of the position of the
court on the civil status of damage caused to
an employee in the performance of his official
duties.
Thus, the obligation to compensate for the
damage caused to the employee, by its legal
nature, is a civil liability arising from the
damage caused to the employee in
connection with the performance of labor
duties, and the employer is obliged to fully
compensate for the damage in this situation.
Thus, liability arising as a result of harm to the
life and health of an employee is a condition
arising from property associated with
deterioration (death), unlawful dismissal or
transfer to another job as a result of an
industrial accident or occupational disease and
(or ) moral harm. damage. the existence of
harm or other form of moral harm. (or) the
presence of property damage, expressed in
losses associated with the deterioration
(death) of the employee's health due to moral
harm.
REFERENCES
1.
Boldyrev V.A. Compensation for harm
caused to the health of a person in the
implementation
of
hazardous
professional activities: Dis .... Candidate
of Legal Sciences: Omsk. 2003. P. 51.
2.
Erdelevsky A.M. Compensation for moral
harm in violation of Turkish rights //
Russian Justice. 1997. №12. P. 39.
3.
Boldyrev V.A. Compensation for harm
caused to the health of a person in the
implementation
of
hazardous
professional activities: Dis .... Candidate
of Legal Sciences: Omsk. 2003. P. 46.
4.
Gusov K.N., Poletaev Y.N. Responsibility
for Russian labor law: scientific and
practical guide. M .: Prospect, 2008. P.
128.
5.
Agibalova E.N. Compensation for harm
caused to the health of an employee in
the performance of his labor (official)
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6.
Gusov K.N., Poletaev Y.N. Responsibility
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practical guide. M .: Prospect, 2008. P.
178.
7.
Rakhmonkulov H., Zokirov I. Civil law.
Part II. Tashkent: Ilm-Ziyo, 2008. Pages.
617-619.
The USA Journals Volume 03 Issue 06-2021
66
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
June 30, 2021 |
Pages:
61-66
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue06-09
I
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2021:
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8.
Titarenko D. N. Civil law regulation of
obligations due to harm to the life or
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an
employee
in
the
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Smirnov V.T., Sobchak A.A. General
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Inoyatov A.A. Labor law of the Republic
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