The burden of proof in the case of untimely dismissal

Abstract

Beginning with this Scientific Article, the burden of proof in the untimely dismissal will be analyzed in a legal manner, showing whether it is feasible that this can be reversed and not depend on whoever asserts a fact must prove it. Through the critical legal analysis, is how the development of the problem on this topic will be carried out, with the use of the dialectical method, the suitability of the evidentiary burden in the untimely dismissal will be verified, corresponding directly to the person who asserts a fact; maintaining a legal approach, based on rights, principles, jurisprudence and other bibliography suitable for the argumentation of the topic to be discussed.  The purpose of this scientific article is to provide a legal argumentation, based on the study of current legal regulations on the burden of proof in untimely dismissal, with the use of the critical method, it will be possible to corroborate whether it could be considered as a fact that violates the rights of the weakest party in the labor relationship, such as the worker, who lacks the mechanisms to gather sufficient evidence.