Arbitrability of Individual Employment Disputes
| Authors | |
|---|---|
| Year of publication | 2015 |
| Type | Article in Proceedings |
| Conference | Cofola International 2015: Current Challenges to Resolution of International (Cross-border) Disputes: Conference Proceedings |
| MU Faculty or unit | |
| Citation | |
| Web | Open access konference |
| Field | Law sciences |
| Keywords | Arbitration; Arbitrability; Individual employment disputes; Act on Arbitration and Enforcement of Arbitral Awards |
| Description | The paper deals with arbitrability of individual employment disputes for hearing and decision in the arbitration. The Act on Arbitration and Enforcement of Arbitral Awards applies to both domestic and international arbitration and admits to hear and to decide disputes of property nature only. Claims for various property performances from employment relations are therefore generally considered to be arbitrable. In the case of disputes arising from employment relations with a status character is arbitrability questionable. The aim of this paper is to appraise the admissibility of the arbitration in employment relations. Although the employment relations have a property basis, disputes over the status of these relationships have a fundamentally different objective, especially a decision on whether a particular person is or is not in the position of the employee. Under current legislation of conditions of the arbitrability I assume that the employment disputes of property nature only can be heard and decided in the arbitration. Disputes arising from employment relations with a status character may now be heard by the courts only, because they do not fulfill the conditions of arbitrability. The amendment of the Act on Arbitration and Enforcement of Arbitral Awards which would impose the protective elements into the arbitration over the employment disputes would allow to decide all disputes arising from employment relations in the arbitration. |
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