Evidence In Labor Cases

In general, a party who files a labor claim is obligated to submit evidence: the plaintiff to prove its claim(s) and the defendant to prove its counter claim(s). When litigating in this area, parties should be aware of that there are a number of evidentiary rules which are particular to labor disputes. The following is a discussion of various notable decisions in labor litigation concerning the collection and submission of evidence, which have an effect on the admissibility of evidence in a court of law.

Documentation that is not the original or certified true copies.

In a labor dispute involving employment termination decided by the People's Court of Ho Chi Minh City, the employee (plaintiff) submitted to the Court a photocopy of the internal working regulations of the company without it being either certified as a true copy or examined by the judicial officers in comparison with the originals. The first-instance court accepted the plaintiff's claims based on