Feasibility of Including an Arbitration Compromise During the Validity of an Individual Employment Contract in Light of Jordanian Legislation: An Analytical Study

Abstract

Feasibility of Including an Arbitration Compromise During the Validity of an Individual Employment Contract in Light of Jordanian Legislation: An Analytical Study

The research aims to illuminate the conclusion of arbitration agreements to settle individual labour disputes during the employment contract term from the perspective of Jordanian legislation. It provides legal proposals to assist the parties to an individual employment contract in arbitration in case of disputes.

The study followed a descriptive-analytical method by describing and analyzing the legal texts related to the research subject in Jordanian legislation. It also refers to some comparative laws and ILO standards that are necessary to illustrate deficiencies in Jordanian legislation.

The study concludes with results, the most significant of which is that the legislator has not explicitly provided for the invalidity of arbitration agreements during the term of the employment contract or after its termination, which allows such arbitration agreements. It also finds that the general rules governing arbitration agreements offer protection to the worker from any diminution of their rights.

The study recommends, most notably the necessity of including a provision in the Labor Law that permits the settlement of individual labor disputes through arbitration, while providing the necessary controls to consider arbitration costs and arbitrators' fees.