A reflection about positiveness and proof in Labour contract through comparative study of the French law

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BADINI HASSAN; Shekoohi Behnam

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2020 | Volume:84 | Issue:111 Page(s): 23-45

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Title

A reflection about positiveness and proof in Labour contract through comparative study of the French law

Author(s)

BADINI HASSAN | Shekoohi Behnam | Issue Writer Certificate

Keywords

EvidenceQ2

Labour ContractQ1

SubstantiveQ1

ProceduralQ1

By-law of Labour ProcedureQ1

The French LawQ1

Abstract

Labour Contract has a crucial role in the formation of Labour relationship, and also prove it. This contract can differentiate the given tie form other concepts and similar institutions in the Civil Code. In relation to current regulations, including labour Code, Correcting law of impediment to manufacture and industrial investment approved in the 2008, and Correcting law of impediment to competitive manufacture and improvement in the financial system with regard to the role of above-mentioned contract in the 2015, Procedural and formality of its standards are in doubt. This article has gone over the various standpoints which is related to this issue in a descriptive-analytic and comparative way. Given the outcome, we make out that the formulation of indenture has been just influential in the proof step. Judicial precedent and the lack of anticipation of related sanctions leads to reinforcement of the latter statement. However, the Evidence, that proves the litigations of Labour relationship is anticipated in the By-law of Labour Procedure approved 2012, There is no references of testimony and oath as a reason of specific significance. In French Law, there is no conclusive Evidence, therefore, according to Civil Law, all the Evidence is acceptable; as regard the Case-Law and the protective nature of the Labour Code towards labourer, it is accepted in our Law.

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