ЗА ТЕЖЕСТТА НА ДОКАЗВАНЕ НА ФАКТА НА ПОЛАГАНЕТО НА ТРУД ПРИ ПРЕДЯВЕН ИСК ЗА ЗАПЛАЩАНЕ НА ТРУДОВО ВЪЗНАГРАЖДЕНИЕ

Author

Vasil Petrov

Annotation

The article tackles the question whether the employee which has instituted an action  for recovery of unpaid has to prove the fact of actually having worked in order to get the wages. Numerous courts in Bulgaria are of the opinion that art. 8, s. 2 of Bulgarian Labor Code, under which the bona fides in the execution of labor rights and obligations is presumed until proven otherwise, contains a rebuttable presumption for that fact, reliving the employee from the opus probandi. The author of this article holds the view the positive Bulgarian law contains no such a presumption. 

Keywords

employee, employer, action for recovery of unpaid wages, onus probandi, the fact of actually having worked, bona fides presumption under art. 8, s. 2 of Bulgarian Labor Code

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