Burden of proof

Summary

▪ Burden of proof shifts between the employer and the employee depending on what is being claimed.

▪ In monetary claims, burden of proof is on the employer if the claims refer to those incurred in the normal course of business, as opposed to those that are not such as requiring overtime work or mandating work on a holiday, rest day, or special non-working day.

▪ In illegal dismissal, burden of proof starts is on the employer to show that the dismissal was valid unless the employer denies the very fact of dismissal, in which case, the burden of proof is shifted to the employee to prove that s/he has been dismissed.

1. Concept

Burden of proof refers to the obligation of a party to show proof to establish a claim. It shifts between the employer and the employee depending on what is being claimed.

2. Monetary claims

In determining the employee’s entitlement to monetary claims, the burden of proof is shifted from the employer or the employee, depending on the monetary claim  sought. (Minsola v. New City Builders, Inc., G.R. No. 207613, 31 January 2018)

a. When on employer

In claims for payment of salary differential, service incentive leave, holiday pay and 13th month pay, the burden rests on the employer to prove payment. This likewise stems from the fact that all pertinent personnel files, payrolls, records, remittances and other similar documents – which will show that the differentials, service incentive leave and other claims of worker...

 



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