Arbitration panel in collective labor disputes

The arbitration panel in collective labor disputes in the Kuwaiti labor law specializes in settling disputes that arise between the employer and all of his workers or a group of them because of the work or its conditions, and this leads to the dispute being described as collective, even if the cause of the dispute is due to the work itself and not only related to its conditions, with the aim of Climate stability in labor relations.

Formation of the arbitral tribunal in collective labor disputes

The arbitral tribunal shall be constituted as follows:

  1. One of the circuits of the Court of Appeal appointed annually by the general assembly of this court
  2. A chief prosecutor delegated by the Attorney General
  3. A representative of the competent ministry appointed by its minister, and the parties to the dispute or their legal representatives appear before the authority

When is the arbitral tribunal resorted to?

In the event that the Labor Disputes Reconciliation Committee was unable to settle the dispute fully or partially within a month, it must refer the dispute or refer what was not agreed upon within a week from the date of its last meeting to the arbitral tribunal accompanied by all documents.

The Kuwaiti Ministry of Social Affairs and Labor may, in the event of a collective dispute, if necessary, intervene without a request from one of the disputants, to refer the dispute to the arbitration panel. The disputants in this case must submit all the documents required by the Ministry, and they must be present when they are invited to attend.

Powers of the arbitral tribunal

The arbitral tribunal shall have the powers of the Court of Appeal in accordance with the provisions of the law regulating the judiciary and the provisions of the Kuwaiti Civil and Commercial Procedures Law. And it must issue its reasoned decisions and serve as judgments issued by the Court of Appeal.

The arbitral tribunal’s view of the dispute

The arbitral tribunal shall consider the dispute presented to it within a period not exceeding twenty days from the date of its papers reaching the clerk’s administration. It must also notify each of the parties to the dispute of the date of the session no less than a week before it is held, and shall settle the dispute within a period not exceeding three months. From the date of its first hearing.

The permissibility of appealing by cassation the decisions of the arbitral tribunal in collective labor disputes

The Kuwaiti Court of Cassation decided in its ruling No. 762 of 2015 dated 10/26/2016 session of the Labor Department that when the text is clear and the meaning is clear in the indication of what is meant by it, it is not permissible to deviate from it or to interpret it, as this is the creation of a different ruling that was not provided by the text about Through interpretation, it was decided that the judgment was subject to the law in force at the time of its appeal.

And when the text was clear and clear in making the decisions issued by the arbitral tribunal in collective labor disputes tantamount to the rulings issued by the Court of Appeal to the effect that they may be challenged by way of cassation, and if the legislator’s direction was otherwise, he would have stated that explicitly as is the case when he stipulated the finality of those decisions In Article 88 of the Labor Law in the Private Sector No. 38 of 1964, which requires refusal of payment and the permissibility of appeal.

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