Volume 26, Issue 93 (spring 2021)                   __Judicial Law Views __2012__, 26(__59__): __22490 | Back to browse issues page

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Najarzadeh Hanjani M. Analysis of Arbitration Clause Validity in Labour Contract. دیدگاه‌های حقوقی. 2021; 26 (93) :73-90
URL: http://jlviews.ujsas.ac.ir/article-1-1566-en.html
دانشگاه علم و فرهنگ , m.najarzadeh@usc.ac.ir
Abstract:   (730 Views)
One of the non-judicial methods to resolving legal disputes is refer to arbitration. Using of this method is prevalent in many cases and recommend because it can help to reducing the inputs of the judiciary and consequently decreasing the length of the trial. However, some disputes are not, because of some respects, arbitrable. In the Iran legal system, there is no legal explicit clause for the non arbitrablity of labour disputes and the Invalidity of the clause of arbitration in the labour contract, However, some of the principles and special considerations of labour law have made it doubtful.
This paper, using a descriptive and analytical method, after examining the presentable arguments on the validity or invalidity of referring to arbitration in labour disputes, ultimately concludes that labor disputes, subject to observance of the mandatory rules and the minimum protective standards of labour law, are arbitrable and accordingly, the clause of arbitration in the labour contract is correct.
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Type of Study: Applicable Research | Subject: General Law
Received: 2019/03/07 | Revised: 2022/01/31 | Accepted: 2020/06/22 | Published: 2021/09/11 | ePublished: 2021/09/11

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