The employer should bear the burden of proof in th

In the case of terminating the labor contract, the employer should bear the burden of proof

gist of the judgment

in the case of labor dispute, if a labor dispute arises due to the termination of the labor contract by the employer, the employer should bear the burden of proof. If the proof cannot be provided, it should bear the corresponding legal consequences

facts of the case

Zuo Junfang, the husband of the plaintiff Wu Lanyun, joined the work in October 1964 and worked in Henan Anyang Zhongyuan Petroleum Machinery General Factory in May 1970 as a permanent worker for the whole people. Later, Anyang Petroleum Machinery General Factory was restructured into Anyang Yongan Machinery Manufacturing Co., Ltd. (hereinafter referred to as Yongan company), and Zuo Junfang was still an employee of the unit. On November 21, 2002, the plaintiff's husband Zuo Junfang died of illness, and Yong'an company paid the plaintiff 700 yuan to deal with the aftermath. Later, the plaintiff went to Yong'an company many times to negotiate funeral expenses, pensions and other matters, but failed. On October 25, 2004, the plaintiff applied to Neihuang County Labor Dispute Arbitration Committee for arbitration. After examination, the Arbitration Commission held that the plaintiff's appeal had exceeded the statutory time limit for appeal and decided not to accept it. Therefore, the original told to the court. Requirements: 1. Request the defendant to pay the funeral expenses of 2040 yuan according to law. 2、 The death compensation is 6800 yuan, and the survivor's allowance is paid according to law (70 yuan per month, since November 2002). In the lawsuit, Yong'an company submitted the cancellation (termination) labor contract registration form, the internal contact form for the cancellation or termination of the labor contract with Zuo Junfang, and the payroll from July 2000 to November 2001 to prove that Yong'an company and the plaintiff's husband Zuo Junfang had terminated the labor relationship on June 30, 2001, and Yong'an company should no longer bear any responsibility for matters after the termination of the labor contract

The court of Neihuang County held that the defendant's behavior in this case damaged the legitimate rights and interests of the plaintiff and should bear civil liabilities according to law. Judgment: 1. Within five days after the judgment takes effect, the defendant shall pay the plaintiff a total of 7540 yuan in funeral expenses and pensions (after deducting 700 yuan paid by the defendant to the plaintiff). 2、 From December 1st, 2002, the defendant paid the plaintiff a monthly living allowance of 70 yuan. 3、 Reject other claims of the plaintiff

after the sentence was pronounced, Yong'an company refused to accept it and appealed to the Anyang intermediate people's court

The Anyang intermediate people's court held that the defendant argued that the contract with the plaintiff's husband Zuo Junfang had expired and the labor contract had been terminated. According to Article 13 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of labor dispute cases, "the employer shall bear the burden of proof for labor disputes arising from decisions made by the employer, such as dismissal, delisting, dismissal, termination of labor contract, reduction of labor remuneration, calculation of working years of workers, etc." The Supreme People's court also made the same provision in Article 6 of the "Several Provisions on civil litigation evidence". Because the defendant did not cite the labor contract signed with the plaintiff's husband Zuo Junfang, it could not be proved that the contract had expired. Although the labor department had approved and filed, there was no labor contract signed between the defendant and Zuo Junfang. In the internal contact list for the termination of labor contracts, although there were 14 people whose contracts were terminated on June 30, 2001, whether the defendant Zuo Junfang failed to give evidence among these 14 people. In addition, the defendant submitted Zuo Junfang's salary table from July 2000 to November 2001, which argued that this paragraph was economic compensation, but because the table clearly wrote the word retirement, it should be recognized as Zuo Junfang's retirement salary, which also proved that both parties had not terminated the labor contract. Therefore, the defendant's argument is not tenable. According to Article 20 of the labor law of the people's Republic of China, the term of the labor contract is divided into fixed term and non fixed term, in order to show the highest level of the development of aluminum materials in the world and to complete a certain work. If the worker has worked in the employer for more than 10 years and both parties agree to renew the labor contract, if the worker proposes to enter into a labor contract with no fixed term, an labor contract with no fixed term shall be entered into. Article 20 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of labor dispute cases stipulates: "according to Article 20 of the labor law, if an employer should sign an open-ended labor contract with a worker but fails to sign it, the people's court may consider that there is an open-ended labor contract relationship between the two parties, and determine the rights and obligations of both parties based on the original labor contract." From this case, it can be seen that the plaintiff's husband has worked with the defendant for more than 30 years, and the defendant did not cite the labor contract signed with Zuo Junfang, which should be regarded as whether there is a fixed-term labor contract relationship between the defendant and Zuo Junfang. Therefore, after Zuo Junfang's death, the plaintiff's reasons for requiring the defendant to pay funeral expenses, pensions and survivor's allowances are legitimate. 1. According to the classification method, it can be divided into metal material testing machine, non-metal material testing machine, dynamic balance testing machine, vibration table and nondestructive testing machine. Yong'an company appealed that it had terminated the labor contract relationship with Wu Lanyun's husband Zuo Junfang. Although the relevant evidence provided by Yong'an machinery company was insufficient to fully prove that the labor relationship between the two parties had been terminated, the reason for appeal could not be established. The court of first instance found that the facts were clear, the applicable law was correct, and the judgment was not improper

The Anyang intermediate court rejected the appeal and upheld the original judgment in accordance with the provisions of paragraph 1, Article 153 of the Civil Procedure Law of the people's Republic of China. The handling fee of the second instance case is 430 yuan, which shall be borne by the appellant Anyang Yongan Machinery Manufacturing Co., Ltd

this case is therefore difficult to integrate into the manufacturing process. The medium number is (2006) Anmin Erzhong Zi No. 564