On The Labor Dispute Case Of Mr.Huang Between Guangdong Chungchak Heavy Industry Co.,Ltd.

With the development of China's economy and society,the distribution about the burden of proof of labor disputes has been greatly developed.Although the Civil Procedure Law and other relevant laws and judicial interpretation to a certain extent alleviated the problem on labor dispute of burden of proof allocation,it can not meet the needs of judicial practice.This article studies the labor dispute case of Mr.Huang Between Guangdong Chungchak Heavy Industry Co.,Ltd.in order to clarify the case of the focus of controversy,which is based on the court trial.First,if the resignation reason is arguable by worker and employer,who should take the burden of proof.Second,when both sides can't prove the resignation reason,it's important to figure out whether the employer shall pay economic compensation or damages.To distinguish who should undertake the burden of proof,we should analyze the evidence and claims from both sides.And whether the employer is required to pay economic compensation or damages,we should base on the court of disputed point.If the worker resigns,the employer doesn't need to pay economic compensation or damages,except for conforming to Labor Contract Law.If the employer removes the labor contract illegally,the labor can both require economic compensation or damages.Through the discussion and analysis of the case,we can get the following conclusions.For the labor dispute,we can't simply use "who advocates,who has the burden of proof" this proof of basic provisions.In special circumstances,we may apply to the inversion of the burden of proof.And between worker and employer,if had dispute about resignation or remove labor contract illegally,no relevant laws and regulations on the issues clearly of the burden of proof.If only for the discretion of the judge for processing,it is prone to the same case may has different judgments,and directly affects the interests of the employer and worker.Therefore,I hope that through this writing,we can further promote the development of China's laws and regulations,and provide guidance or reference for judges,lawyers and the parties of the case,so as to promote the protection of the interests of both parties have disputes.