ABSTRACT
Standing at the center of Pravovoe Mikhail Gorbachev’s efforts to reshape the Soviet Union is his endeavor to create a state based on the rule of law, or a pravovoe gosudarstvo. The progress toward the goal of creating a pravovoe gosudarstvo can best be assessed by studying what is actually going on in Soviet society. The workplace represents one of the most important battlefields in the struggle for a pravovoe gosudarstvo. The statutory language provides little guidance as to the sort of job the laid-off worker should be offered. The published cases indicate that this requirement that a layoff be proved by physical evidence has been strictly enforced by the courts. Management has the burden of proving that a layoff took place; the dismissed worker is not required to prove that it did not take place. Once management has convinced the court that a layoff took place, the burden of proof shifts to the worker.
