چکیده:
One of the most controversial issues in the field of arbitration is the possibility of using it in the field of labor disputes. This issue that was also raised on the disputes between workers and commercial companies as their employers, has caused many disagreements. Therefore, this article examines the approach of the legal system of countries and commercial companies in this field. The findings of this study indicate that in some legal systems, various types of arbitration (mandatory and voluntary) in labor disputes haشOne of the most controversial issues in the field of arbitration is the possibility of using it in the field of labor disputes. This issue that was also raised on the disputes between workers and commercial companies as their employers, has caused many disagreements. Therefore, this paper examines the approach of the legal system of countries and commercial companies in this field. The findings of this study indicate that in some legal systems, various types of arbitration (mandatory and voluntary) in labor disputes have been accepted but in others, only voluntary arbitration is recognized in limited cases. In a number of other legal systems, referring these disputes to arbitration is not accepted at all. Commercial companies also have different procedures in this regard; some companies, believing in the many benefits of arbitration for companies, have chosen it as the first way to resolve labor disputes. Some other companies, despite accepting the arbitration, use it as a secondary method, ie if other non-judicial methods are not obtained and finally, there are companies that are reluctant to refer arbitration to dispute resolution.ve been accepted but in others, only voluntary arbitration is recognized in limited cases. In a number of other legal systems, referring these disputes to arbitration is not accepted at all. Commercial companies also have different procedures in this regard; some companies, believing in the many benefits of arbitration for companies, have chosen it as the first way to resolve labor disputes. Some other companies, despite accepting the arbitration, use it as a secondary method, ie if other non-judicial methods are not obtained and finally, there are companies that are reluctant to refer arbitration to dispute resolution.
خلاصه ماشینی:
Today, in most countries, resolving disputes between workers and employers is often done through courts or labor dispute resolution bodies, and alongside them, through institutions such as conciliation ١, mediation ٢, and arbitration ٣ (Ozdemdr, 2001: 220).
The most important group of employers whose practice regarding work-related disputes has accompanied numerous discussions are commercial companies, because these legal persons in some countries have not only benefited greatly from the capacity of the arbitration institution in the direction of their interests, but have also taken the path of excess; So that such an approach has been accompanied by numerous criticisms in terms of violating workers' rights and damage to shareholders.
In the legal system of this country, both types of arbitration of work-related disputes (both voluntary and compulsory) are accepted, and the parties to labor disputes generally choose arbitrators from among merchants, lawyers, judges, sociologists, and clergymen who have the conditions stipulated in the laws for arbitration.
In this country, compulsory arbitration of labor disputes has not been accepted, and arbitration clauses are considered invalid due to disabling workers (by concluding a contract outside their legal employment rights) (13: 2014, .
Based on this, in this country, disputes arising from work between French companies as employers and company workers are also not referable to arbitration, but the subject matter is within the jurisdiction of the labor court ٤; even if that individual dispute or disagreement ٥ is the result of a conflict and work incompatibility, for example, a strike (105-104: 2017, International Labour Office).
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