La carga de la prueba en el proceso del despido intempestivo y la aplicación del principio protectorio “In Dubio Pro operatorio”, en el ámbito jurídico laboral.

Abstract

In this research project, an analysis will be made of the Untimely Dismissal and the presentation of the burden of proof when the worker's rights are violated, the Labor Law Field due to the problem of the limited capacity that the worker has at the time of sustaining his claim within a judicial procedural cause in relation to an untimely dismissal, where his rights, previously enshrined in the COGEP and labor code, are limited and violated. Therefore, a legal approach will be maintained, based on jurisprudence, principles, rights, and suitable bibliography that argue this issue of the burden of proof in untimely dismissal, taking into consideration unequal conditions, and the fact that the worker's rights are violated, a person who may lack knowledge and techniques to gather sufficient evidence. The work is developed under a quantitative and qualitative methodology that will allow a better analysis of the factors to be taken into consideration and at the same time it ends with the suggestion of a reformatory proposal.