The allocation of the burden of proof in labor law disputes

Postgraduate Thesis uoadl:2751001 813 Read counter

Κατεύθυνση Εργατικό Δίκαιο
Library of the School of Law
Deposit date:
Mammatas Zacharias
Supervisors info:
Τραυλός - Τζανετάτος Δημήτριος, Ομότιμος Καθηγητής, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Η κατανομή του βάρους απόδειξης στις εργατικές διαφορές
Translated title:
The allocation of the burden of proof in labor law disputes
This thesis deals with the allocation of the burden of proof in labor law disputes. When employees and workers want to make claims to a tribunal concerning their employment relationships, they face particular difficulties of proof, because the evidence about the case is inaccessible to them, due to the fact that often evidence is held by the employer. According to the Greek Civil Procedure there is no discovery process, which means that the employer – defendant is not obliged to provide the evidence to the employee – worker – plaintiff or to the tribunal. However, on the basis of the general rule of allocation of burden of proof under Article 338 (1) of the Code of Civil Procedure, the burden is on the employees – workers to prove every argument that is beneficial for them. This study examines the problems arising from such an allocation of the burden of proof, assesses ways of removing the employees’ – workers’ difficulties of proof, reviews specific laws, where the european or national legislator faced similar instances and investigates the possibility of a different allocation of the burden of proof in the light of supranational sources of law, such as the recently ratified by Greece Article 24 of the Revised European Social Charter. This thesis also examines the violations of the Greek Constitution due to this allocation of the burden of proof.
Main subject category:
Law and Legislation
Other subject categories:
Labour Law
Burden of proof, labor law, evidence, discovery, unfair dismissal, Revised European Social Charter, article 338 (1) of the Code of Civil Procedure
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