In Kenya, the parliament has introduced a Business Law (Amendment) Bill 2024 to oversee BPO and IT-enabled service companies in response to concerns about worker conditions. The bill requires employers to provide necessary tools for their employees’ tasks and prohibits them from escaping responsibility by denying their role as direct service beneficiaries.
While the proposed law aims to align labor standards with global norms and prevent exploitation, it has raised apprehensions among some legal experts. They express concerns that the strict liability provisions in the bill may discourage major outsourcing companies due to increased operational risks and compliance expenses.
Formerly, Sama employees, who were moderating content for clients like Meta, alleged exploitative conditions and insufficient safeguards. The legal disputes involving Sama, Meta, and over 180 former employees have brought attention to the challenges faced by workers in the industry. Meta is also facing a lawsuit regarding alleged involvement in fueling ethnic violence in Ethiopia through its algorithm.
Finding a balance between safeguarding worker rights and maintaining business competitiveness is crucial, as emphasized by legal professionals. Failure to implement the bill effectively could impede Kenya’s progress in the global outsourcing sector. Sama and Majorel, two significant players in the industry, have provided job opportunities for thousands of Kenyans.