Arbitration Agreements in Labour Relations Acoording to the German and Austrian Law

This article analyzes Austrian and German special legal regulations on arbitration agreements in labour law; contracts in which an employee agrees to bring any legal claims he/she may have against his/her employer to arbitration, rather than filing a lawsuit in court. It deals with both substantial and procedural aspects of arbitration in labour law: it defines the term arbitration agreement in Austrian and German doctrine and court decisions, describes special regulations set forth for labour law disputes and principles of arbitration proceedings. Although both legal orders limits arbitration in labour law, there are a few exceptions; some of them could inspire Czech legislation. In regards to extraordinary length and rather expensiveness of court trial in the Czech Republic, reformed labour law arbitrations could substantially improve the effectiveness of employment rights.