The burden of proof in the Spanish labour process and in other countries

Abstract

The general rule applicable to the burden of proof states that the applicant will be responsible for proving all the allegations. This legal solution, applied to labour law where the employer is granted an executive power of their decisions, will turn in that the worker becomes almost always in applicant justice. This raises an imbalance that must be solved, especially from the perspective of the burden of proof. This work aims to highlight the inequality and analyze whether the solutions proposed by the law and case law are sufficient, resorting to the solutions provided by comparative law, in particular France, Belgium, Netherlands, Italy, Poland, Germany and Switzerland.