COTU raises concern over proposed Business Laws Bill

The Bill, which is presently before the Senate as Senate Bill No. 51 of 2024, violates constitutional guarantees found in Articles 10, 27, 41, 47, 48, and 118, according to a statement released on Monday by COTU Secretary General Dr. Francis Atwoli. 

He warned that if the law is approved in its current form, it could shield large, multinational technology companies from accountability while subjecting local business process outsourcing (BPO) companies and their workers to disproportionate liability. 

“This Bill entrenches discrimination and weakens the protection of workers’ rights,” Dr. Atwoli said, insisting that Article 41 of the Constitution, which guarantees the right to unionize and participate in trade unions, cannot be undermined by any legislation.

Concerns expressed by technology workers, many of whom believe the proposed amendments unfairly single them out, have been echoed by COTU. 

The union has requested that the Senate recall and examine the bill to make sure it complies with the Constitution and doesn't jeopardise employees' rights to fair administrative action or access to justice. 

Additionally, it has urged lawmakers to change clauses that shield multinational firms from scrutiny in order to protect platform and technology workers' rights in accordance with International Labour Organisation (ILO) labour standards.

“As the voice of Kenyan workers, COTU urges the Senate to take immediate corrective action and return the Bill for proper deliberation that safeguards the interests of all Kenyans, especially the young workers powering the country’s technology and innovation sectors,” Dr. Atwoli added.