ABSTRACT
The expansion of various forms of remote work has become a reality worldwide. This trend raises the question of whether the current regime of territorial competence in cross-border employment litigation adequately addresses the challenges arising from digitalization of work in the global market. This chapter examines the Canadian Private International Law rules on jurisdiction over employment contracts under the Civil Code of Québec, the common law and the statutory regime and confronts them with the complexities of deterritorialization of work. The need to strengthen access to justice for remote workers while ensuring the predictability of jurisdiction calls for a renewed interpretation of the current analytical framework to better accommodate the digital and mobile nature of the evolving workplace.
Naivi Chikoc Barreda, Jurisdiction over cross-border employment contracts in Canada and its implication for teleworking, in A Ortega Giménez and L Heredia Sánchez (eds), Nuevos problemas y nuevas soluciones en el teletrabajo transfronterizo (Thomson Reuters Aranzadi, Madrid, 2024) 431-460.
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