التحكيم في القضايا العمالية

Abstract EN

In general , arbitration is the fastest means of settling disputes.

It is defined as the special judiciary to which dispute -parties- upon their freewill recourse to in order to resolve the disputes consensually.

Arbitration is divided into: compulsory arbitration and voluntary arbitration ,and it has two forms: arbitration clause and arbitration stipulation.

Labor disputes arbitration is of a great importance since labor law rules are of a compulsory nature which no individual could go against , because of their relation to the public order.

These rules, however, are not of absolute compulsory nature since it is possible, in some cases, to dissent them for the benefit of workers.

Throughout this paper, it is argued that even though there is no provision stipulated that arbitration is one of the means of settling labor disputes, and although these means are limited to ordinary judicatureprecisely to the magistrate's court in its capacity as the holder of the qualitative jurisdiction in settling labor disputes regardless of dispute value, there is no deterrent against resorting to arbitration in order to settle labor disputes as long as this is for the benefit of workers who are considered the weakest party in the labor contract.

This paper thus examines whether or not employers and employees may adopt arbitration as means of settling their disputes in the light of the compulsory nature of the labor law rules