| The burden of proof in labor law is a practical and theoretical subject.The law on the burden of proof in labor disputes is constantly improved.At present,our country's legal characteristics mainly reflect the principle of substantive equality,that is,the same obligations are shared by employers and workers in the process of proof.Although this phenomenon shows our country's increasing attention to the burden of proof,the problem of the allocation of burden of proof in actual cases is still imperfect,so it belongs to a lot of disputes and many misunderstandings.Based on this background,this paper,based on the actual case,leads to the problem of the burden of proof of labor dispute.The aim is to make a clear understanding of the burden of proof of overtime pay,and on the basis of expounding the mode of foreign labor proof operation,and combining the actual situation of our country,and expounding the violence in our judicial practice at present.Exposed problems,in-depth analysis of the pros and cons,and put forward the corresponding rationalization proposals.The specific contents of this paper are as follows:first,it introduces the background and significance of this study,expounds the current situation of the current foreign judicial research;secondly,introduces the case of overtime pay proof in this study,uses the provisions to judge the case,and then deeply analyzes the present labor proof provisions in our country.This paper mainly introduces the general rules and special rules of the allocation of burden of proof,analyzes the problems faced in the distribution of burden of proof in labor disputes,and finally,on the basis of summarizing the operating environment of the current labor law,demonstrates the system of distribution of responsibility and the system of reducing the burden of proof,and puts forward the problems in the case.The way to connect and cooperate with each other is put forward,and specific proposals for improving relevant legislation are given. |
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