The subject of proof in cases of reinstatement at work

Abstract

The article analyzes some peculiarities of the subject of justification and the required evidence that the court should investigate when considering cases of reinstatement at work due to the illegal dismissal of an employee by an employer. Based on the analysis of the legal positions of the Supreme Court, the author determines that for a correct, complete, objective, and comprehensive consideration of the category of labor disputes. There is an objective necessity to develop a clear approach to determining the facts that require proof in cases of reinstatement at work. In the legislation, it is necessary to clearly state those circumstances, that are
subject to proving in cases of termination of the employment contract by the employer’s initiative for each of the grounds for termination of the employment contract provided by the Labor Code of the Republic of Kazakhstan. Only a clear definiteness of such circumstances will contribute to achieving the goal of justice - fair, impartial, and timely consideration and resolution of civil cases. The article proposes to amend the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017, № 9 «On some issues of application by the courts of legislation in the resolution of labor disputes» and to set out in it some provisions on evidence and proof in a separate paragraph.