Bireysel İş Uyuşmazlıklarında Tahkim Anlaşmasının Geçerliliği Sorunu

The resolution of individual labor disputes is important for the protection of employees who are economically powerless and perform the act of working in a manner dependent on the employer. Arbitration is one of the ways that such disputes can be resolved confidentially, quickly and easily. However, in judicial decisions and by some authors, arbitration agreements made in terms of individual labor disputes with the idea of protecting the employee, recognizing that the employee is in a weak position in the employment relationship and is powerless against the employer, are considered to be valid in a very limited way. It is regulated in our law that arbitration may be applied for in terms of claims for restitution of employment. Apart from this, in terms of individual labor disputes, there is no prohibition on resorting to arbitration. There is also no separate limitation in terms of the time of the arbitration agreement in individual labor disputes. Therefore, it is possible to conclude an arbitration agreement before or after the dispute arises. However, again, in judicial decisions and by some authors, it is accepted that a valid arbitration agreement can be concluded only after the termination of the employment contract. Because, due to the nature of the employment relationship, the employee may not have accepted the arbitration agreement of his free will during the establishment …

Key Words: Individual Labour Disputes, Worker Protection Principle, Arbitration, Arbitration Agreement, Arbitrability…