Africa-Press – Kenya. The Central Organisation of Trade Unions, Cotu (K), has called on the Senate to recall and review the Business Laws (Amendment) Bill.
Cotu has called for the review of the Bill to ensure compliance with Article 41 of the Constitution, which guarantees unionisation.
The Union said it has acknowledged the alarm raised by technology workers who have expressed grave concern over the Business Laws (Amendment) Bill (Senate Bill No. 51 of 2024).
Atwoli said the Bill, whose provisions threaten to limit the right of workers, particularly those in the technology and digital economy sector, to access justice, undermines fundamental constitutional guarantees under Articles 10, 27, 41, 47, 48, and 118 of the Constitution of Kenya.
According to him, it shields powerful multinational technology companies from accountability, while placing undue liability on local Business Process Outsourcing (BPO) firms and workers.
“Cotu (K) 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,” he said in a statement on Tuesday.
The Bill, he said, entrenches discrimination and weakens the protection of workers’ rights.
“As Cotu (K), we are categorical that Article 41 of the Constitution, which guarantees trade union rights and unionisation, is supreme and cannot be undermined by any legislation. As such, any amendments to business or labour laws must remain consistent with this Article and must not erode the constitutional protections of workers,” he said.
“Even as Cotu (K) continues to study the proposed new amendments in detail, we firmly share the concerns raised by workers in the technology space who feel excluded and targeted by this Bill.”
Cotu wants the contested provisions that unfairly insulate multinational corporations from accountability amended, saying they deny workers the right to fair administrative action and access to justice.
Atwoli affirmed Kenya’s commitment to upholding international labour standards, including the rights of platform and technology workers, in line with the ILO’s Conventions.
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