劳动争议案件举证责任分配新论

Rediscussion on the onus of Proof Assignment in the Case of Labor Disputes

在劳动争议案件中,举证责任的分配意义重大,关系到劳动者权益的维护和劳动法立法目的实现,《劳动争议调解仲裁法》首次以立法的形式对劳动争议案件举证责任的分配作出了较完备的规定,以此为据,劳动争议案件举证责任的分配应以形式分配标准和实质分配标准来进行合理的设计,以体现劳动争议案件的特点,以期实现实质公平。

It has great significance to assign the onus of proof in the case of labor disputes, for it concerns the maintenance of the laborers＂ rights and the reality of legislative day of labor law. ＂The Mediation and Arbitration of Labor Disputes＂ stipulates fully the assignment of onus of proof in the ease of labor disputes in the form of legislation for the first time. Based on this, the assignment of onus of proof in the ease of labor disputes should be reasonably designed in accordance with the standards of form assignment and essence assignment, so as to embody the characteristics of the ease of labor dispute and finally realize the essential fairness.