ALTERNATIVE DISPUTE RESOLUTIONS IN COLLECTIVE EMPLOYMENT DISPUTES IN TÜRKİYE AND THE UNITED KINGDOM

Authors : Mustafa Nalbant

Pages : 322-334

Doi:10.21492/inuhfd.1412108

View : 143 | Download : 230

Publication Date : 2024-12-31

Article Type : Research Paper

Abstract :This paper aims to examine the settlement of collective employment disputes (CEDs) using alternative dispute resolution (ADR) techniques in both Türkiye and the United Kingdom (UK) where different levels of compulsion elements are employed for the resolution of CEDs via ADR methods. The evaluation of these methods is conducted according to pertinent International Labour Organization (ILO) criteria for effective dispute resolution, specifically focusing on the range of services pertaining to the diversity of available ADR methods and their simultaneous availability in Member States, voluntarism referring to the freedom of parties to select ADR methods for the resolution of CEDs, and professionalism refraining government from intervening in the process of CEDs resolution and necessitating equal footing of employees’ and employers’ representatives in systems regarding dispute resolution. Based on these considerations, the comparative assessments, taking the ILO criteria into account, indicate that the UK system, even though it needs improvement, is comparatively more compatible than the Turkish system in fulfilling the specified criteria.
Keywords : Alternatif Uyuşmazlık Çözüm Yolları, Toplu İş İhtilafları, Türkiye, Birleşik Krallık

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