Arbitration Clause in Individual Labor Disputes: Between the Provisions of the Law and the View of Jurisprudence

Abstract

This study aimed to raise a fundamental, basic and legal issue related to the arbitration clause in individual labor disputes in terms of the validity of this condition, as it would achieve more additional guarantees for the rights of the laborer without compromising the minimum rights that may not be negotiated to reduce. Therefore, this condition becomes void by the force of law if it is a reason for violating the rights of the laborer or public order, which necessitated this study to follow the method of analysis and investigation with a careful and insightful review of the relevant Palestinian legislation and comparative legislation and the view of judicial rulings on this condition in the interest of the laborer and its invalidation also in the interest of the laborer if there are reasons for invalidation. This study concluded that the jurisprudential rooting of adopting this condition in work contracts is the realization of the employer’s interest and the laborer’s rights. Thus, it is a complement to the peremptory provisions of the law that represents a guard in order not to deviate from the minimum limits in rights, which requires the harmony of the legislative system with the obligations of legal force to establish it as a condition that does not disturb the public order in individual labor disputes. The arbitration clause is therefore an addition that requires the speed required to resolve disputes in an amicable and easy manner without prejudice to the rights of the laborer as specified by law.