The article is devoted to the issue of compensation for moral damage by the employer in the context of Russian labor law. The main focus is on the problem of distributing the burden of proving that an employer has caused moral harm to an employee, which is a key issue in modern law enforcement practice. The article analyzes judicial practice in detail, indicating the relevance of the topic raised for research. The author of the article, considering the opinions of various scientific figures, suggests forming a «presumption of moral harm to an employee» as a mechanism for improving the current approach to dispute resolution in this category of cases.