What is the burden of proof in civil cases?

Obligation to prove in civil cases

Your knowledge:

     Hello lawyer, let me ask, I am currently a laborer to initiate a lawsuit against the unilateral termination of the labor contract in the case where the employer is not entitled to exercise the right to unilaterally terminate the labor contract, However, at present I do not have any proof of my petition, which I heard that the current Civil Procedure Code stipulates that the person making the claim is required to prove that request. So if you want to sue, can you sue?

Lawyer's knowledge:

     Hello! We would like to offer the following views:

Legal grounds:

Civil Procedure Code 2015

Consultancy content: Obligation to prove in civil cases

Clause 1, Article 91 of the Civil Procedure Code 2015 stipulates the obligation to prove as follows:

"first. The party who requests the Court to protect his / her legitimate rights and interests must collect, supply and hand over to the Court documents and evidence to prove that the request is well-grounded and lawful, except the following cases ... "

     Thus, according to the above requirements, the petition is required to provide evidence to prove that its petition request is grounded except in the following cases:

Consumers are not obliged to prove fault of organizations and individuals dealing in goods or services. Organizations and individuals dealing in sued goods and services are obliged to prove that they are not at fault for causing damage according to the provisions of the Law on Protection of Consumers' Interests;
 A party is a laborer who fails to provide and hand over documents and evidence to the court for reasons of such documents or evidences being managed or stored by the employer. The employer shall have to supply and hand over the documents and evidence to the court.
 Laborers who initiate lawsuits for unilateral termination of labor contracts fall into the cases where the laborers are not entitled to exercise the right to unilaterally terminate labor contracts or cases where labor discipline is not disciplined. To work under the provisions of the labor law, the burden of proof shall belong to the employer;
 Other cases where the law provides otherwise.

According to the above provisions, laborers who initiate lawsuits on unilateral termination of labor contracts in cases where the laborers are not entitled to exercise the right to unilaterally terminate labor contracts, the obligation to prove shall belong to the parties. the employer. So in this case you can completely sue without having to prove your claim.