M.A. Thesis:

The gover nhng rules of lawsuht evhdence proof hn labor procedune ordhnance

One of the integral features in each hearing is to respecting justice in the proceeding of hearing. One of aspects in justice is the equality of defense tools of the parties to the disputes or the proof of the prosecution. The settlement of disputes between the worker and the employer is of double importance among other claims and the reason is the differences of the classes of these two cortical societies. The strengthening of the position of the workers as the vulnerable classes in the claimsi is government's duty. According to the research subject by reviewing the hearing proceedings of the work and the proof of the called lawsuit in the law and the valuation any of them in the proceedings of hearing and compare it with other evidence of the claim in the country's rules of procedure, this painful conclusion can be reached that due to the lack of strong labor unions for the workers in the law, it has been painful, due to the lack of workers' struggles, workers' rights in this law have been violated due to unreasonable expediency. The Labor hearing law does not consider the certificate of witnesses as an independent reason and only considering it as statistics by observing the conditions, and there is no name of sworn. This is while civil law in Article 1258 lists the evidence of the dispute and declares it. The proof of the dispute is as follows: confession, documents, testimony, emirate, swearing. However, it can be said that not placing testimony and swearing as an independent reason in the proceedings of labor hearing, the fair trial is sacrificed for the speed and unconstitutionality principle. Because employers, using this defect and failing to give positive evidence of a labor-related relationship to workers, such as a work contract, encounter workers with problems during the litigation at the dispute resolution authorities, especially when the workshop is closed down and the employer is not in place. Workers will not be able to prove their claims due to the lack of necessary documents and the workers' rights will be violated.

Keywords: Labor Procedure, Proof of Evidence, Solving labor and employer disputes, Labor Rights, Evidence.