Transnational judicial dialogue and worker protection in the gig economy

Abstract

Can transnational judicial dialogue be an efficient mechanism to protect workers’ labor rights in the gig economy? As long as digital platforms operate transnationally, the negative externalities generated by them —especially regarding compliance with labor regulatory standards— become common problems in the countries of a given region. The aim of the research is to answer this problem, and in order to do so a broad literature review and a study of the cases Uber Technologies Inc. v. Heller, Dynamex Operations West, Inc. v. Superior Court and case Uber B.V. and others v Aslam and others, judged by the Supreme Court of Canada, the Supreme Court of California, and the Supreme Court of the United Kingdom, were conducted respectively. A literature review and deductive method were used.It has been found that transnational judicial dialogue can enhance the persuasiveness, authority, and legitimacy of individual judicial decisions rendered in national courts, especially in Brazilian Labor Courts, as well as serve as an instance of collective deliberation to address common problems.