Arbitration as a mechanism for the settlement of individual labour disputes. The Uber case in Uruguay

Abstract

This paper analyses the admissibility and limits of arbitration as an alternative mechanism for resolving individual labour disputes in Uruguay, with special emphasis on the platform economy and the Uber case. It examines the national and international regulatory framework, highlighting the restrictions imposed by labour law on the unilateral imposition of arbitration clauses in labour contracts.

The paper argues that arbitration in individual labour disputes is not compatible with the essential principles of labour law, due to the structural inequality between the parties, the non-waivability of labour rights and the right of access to justice. Through the analysis of the laws for abbreviating labour trials, the general law on private international law and the law on the protection of work carried out through digital platforms, it is demonstrated that the Uruguayan legal system grants exclusive jurisdiction to labour courts in this type of dispute, ruling out the validity of arbitration clauses imposed unilaterally by the employer.

The study also analyses the evolution of Uruguayan jurisprudence regarding arbitration in individual labour disputes, revealing a majority tendency to reject it, especially in cases where its application violates fundamental principles of labour law. Finally, the study concludes that the prohibition of submitting these conflicts to arbitration is not only a requirement of current regulations, but also an indispensable condition to guarantee the effective protection of workers’ rights.