“La inversión de la carga de la prueba del empleador y su incidencia frente al principio constitucional indubio pro operario, en la Unidad Judicial de Trabajo con sede en el cantón Riobamba, en el período enero a julio del 2015.”

: The principle of the pro- operator in doubt is a very important law that interprets that in case of dispute when applying a law against another, or of a standard that supports multiple interpretations to an individual or private case of a worker, the one that is most advantageous to the worker in full and not in parts .should be considered In case of problems or on the application of written labor laws, in which more guarantees to the worker prevail. On this basis, of a study of the reason for the investigation and the burden of proof.it is carried out. These terms are quite contradictory, since it is a principle of procedural law in which the actor of the trial, that is, the worker, presents the evidence to substantiate his claim. However, in the oral labor trial the burden of proof is reversed on the employer, who would become the defendant in the process. The reason for this investment is that very few worker fold or indeed ever, has supporting documentation for a court claim, since what matters is the payment of remuneration, same as most of the time made by bank transfer. So the worker does not have receipts to substantiate its claim. Against this, the Labor Law has chosen to reverse the burden of proof on the employer, who is responsible for the employment relationship with his employees. It could be said that the first beneficiary in the trial is the worker, for the reasons stated above, however, the employer also benefits from this arrangement, as it can discharge its responsibilities in the event that he had paid the employee.