أضواء على التحکیم فی منازعات العمل الفردیة فی الفقه الإسلامی وقانون العمل السعودی والمصری

علی السید حسین أبو دیاب, عبد الله بن محمد الشویش
2019 مجلة کلیة الشریعة و القانون بطنطا مجلة فصلیة علمیة محکمة  
Arbitration is particularly important in that it helps to settle disputes in an amicable and easy way, maintaining the relationship between the parties of arbitration. Arbitration is the fastest way to resolve disputes in general. It is defined as the special jurisdiction of the parties to the conflict of their own free will to resolve disputes in a manner Friendly and is divided into optional and compulsory arbitration, and has two images is the condition and accomplices arbitration.
more » ... itration. Arbitration has qreat importance in labor cases . The nature of the rules of the Labor Code is characterized by the peremptory nature of which individuals may not agree to violate public order, but not absolute jus cogens; they may be violated if they have a better interest for the worker. The research discusses the possibility of arbitration by Employers and Workers Despite the jus cogens nature, the findings of the research were: 1-Arbitration of labor cases and the recommendation to establish special centers for arbitration in labor disputes. A select group of skilled workers may be selected in several fields. 2 -The use of arbitration leads to the speed of access to the rights of the worker and shorten the time and keep him from the consequences of falling into economic problems, and helps to continue to work with the employer, as it is a friendly way to resolve the dispute. 3 -The resort to arbitration is a requirement for the employer, and leads to increased investment and trade, and the reflection on the national product indirectly and increase employment opportunities.
doi:10.21608/mksq.2019.43567 fatcat:hpjscoslo5b2tngshabdqc6bpq