根据《最高人民法院关于审理劳动争议案件适用法律若干问题的解释（三）》，劳动者主张加班费，对加班事实的举证责任承担者是
A．劳动者
B．用人单位
C．劳动者和用人单位
D．由人民法院决定
参考答案：A
解析：解析：《关于审理劳动争议案件适用法律若干问题的解释（三）》第9条规定：“劳动者主张加班费的，应当就加班事实的存在承担举证责任。但劳动者有证据证明用人单位掌握加班事实存在的证据，用人单位不提供的，由用人单位承担不利后果。”对此，劳动者普遍认为，劳动者想证明自己加班的事实难度很高，再要去进一步证明单位故意隐瞒，那几乎是不可能完成的任务。
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| A man who knows how to write a personal letter has a very powerful tool. A letter can be enjoyed, read and 1 . It can set up a warm conversation between two people far apart (远离的); it can keep a 2 with very little effort. I will give 3 . A few years ago my older brother and I were not getting 4 . We had been close as 5 but had grown apart. Our meetings were not 6 ; our conversation was filled with arguments and quarrels; and every effort to clear the air seemed to only 7 our misunderstanding. Then he 8 a small island in the Caribbean and we 9 touch. One day he wrote me a letter. He describe his island and its people, told me what he was doing, said how he felt, and encouraged me to 10 . Rereading the letter, I was 11 by its humor (幽默) and clever expressions. These were all qualities for which I had 12 respected my order brother but 13 he no longer had them. I had never known he could write so 14 . And with that one letter we became friends 15 . It might never have occurred to 16 to write me if he had not been in a place where there were no 17 . For him, writing was a necessity. It also turned out to be the best way for us to get back in touch. Because we live in an age of 18 communication (通讯), people often 19 that they don't always have to phone or email. They have a 20 . And that is to write. | ||||
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