Moral damage in the termination of the employment contract

Abstract

The objective of this article is to determine if it is feasible to compensate moral damages, the result of the termination of the employment contract. Methodologically, it is a study with a qualitative approach, applying the methods: inductive - deductive, in addition to the historical-logical, as a detailed study is necessary regarding the termination of the employment contract and moral damage, with the assumptions for the existence and relationship from both. Understanding that the termination implies the action of terminating the labor relationship in a consensual manner or by discretion of one of the parties, to move to an approach to situations that lead to an affectation of very personal rights, opening the possibility of incurring moral damage. , which must be compensated by compensation and other non-pecuniary compensation if appropriate, due to restitutio in integrum or full restitution. However, compared to moral damage, this is subjective. Concluding that the possibility of terminating a contract can attend to unjustified causes, injurious accusations or contractual breach in the framework of the affectation of very personal rights, which includes the worker and employer, having to justify the existence of the damage and its link with the factual element.