El principio de inversión de la carga de la prueba frente al derecho a la defensa del empleador.

Abstract

The principle of reversal of the burden of proof in labor matters constitutes a procedural mechanism aimed at balancing the inequality that exists between employee and employer within a judicial dispute. In this field, labor regulations establish that it is the employer who must prove compliance with labor obligations once the employee has demonstrated the existence of the employment relationship. Consequently, the employee’s initial burden of proof is limited to establishing such relationship, after which the burden shifts to the employer to prove payment of wages, benefits, and other responsibilities arising from the employment contract, except for certain exceptions established by law. In this context, the legal issue arises as to whether this principle violates the constitutional right to defense, recognized in Article 76, paragraph 7 of the Constitution. Through a doctrinal and legal analysis, it is concluded that the reversal of the burden of proof does not place the employer in a state of defenselessness, since the employer fully retains the opportunity to submit evidence, challenge claims, and exercise contradiction throughout the proceedings. Therefore, far from affecting constitutional guarantees, this principle strengthens effective judicial protection and the safeguarding of labor rights by correcting the inherent asymmetries of the employment relationship.