On The Dilemma Of The Application Of Labor Law To Senior Executives From The Proof Perspective

The application of labor law to senior executives will produce some unreasonable problems and the difficulty in defining the senior executives exacerbated the rigidity of labor law to some extent.To solve these problems,the academic community adopts the substantive law path-the Theory of Labor Stratification.while in practice,the rule of burden of proof in procedural law is often cited.Taking the Double Pay Case as an example,when executives ask employers to pay double wages,according to the labor law,the attitude of the people’s courts may be different,some courts support the plaintiffs claims,while others dismissed.In terms of China’s current national conditions,the paper holds that the "relative support"of the procedural approach is worth advocating.The procedural approach mainly includes the distribution and reduction of the burden of proof in the labor dispute.The development of the theory of the distribution of the burden of proof in labor dispute has been refined,but there are still some problems such as the reason of burden inversion is not specific,the result is unfair or unreasonable and the scope of the case listed in the relevant legislation is too narrow.The Theory of Reduction of Burden of Proof which aims to ensure the substantive equality of litigation rights of the parties and protect their right to proof can be used to improve the system of burden of proof in the labor dispute.Especially,the System of Obstruction of Evidence which takes the obligation of evidence preservation as the precondition and the fault as the imputation principle can solve the difficulties caused by the evidence imbalance.The application of the Theory of Reduction of Burden of proof in labor disputes can be divided into three steps:define the scope of the inversion of burden of proof,discuss the necessity of applying this theory and determine the applicable method and effect.The distribution of the burden of proof in the labor dispute is based on the Norm Theory,supplemented by the obligation of production of proof.The application of the reduction of burden of proof in the labor dispute is based on the uneven distribution of evidence and the obligation of evidence preservation.This is a way of thinking on the proof in the labor dispute about senior executives,perhaps can provide a reference for the judicial practice.