COTU hails landmark court ruling protecting outsourced workers

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The Central Organisation of Trade Unions (COTU) has welcomed a landmark Employment and Labour Relations Court ruling that could significantly improve the rights and working conditions of thousands of outsourced and casual workers across Kenya.

Speaking during a media briefing in Nairobi, COTU Secretary-General Francis Atwoli described the June 11 judgment as a major victory against the exploitation of outsourced labour, saying it would help end discrimination between permanent employees and workers hired through third-party agencies.

The ruling, arising from a case involving the Kenya Plantation and Agricultural Workers Union (KPAWU), Raya Vipingo Limited and an outsourcing firm, allows outsourced workers to join trade unions of their choice and benefit from collective bargaining agreements (CBAs) negotiated in the workplaces where they are deployed.

“This is the biggest achievement. These workers will now be paid as per the collective bargaining agreement existing where they are hired to work,” Atwoli said.

According to the labour leader, outsourced employees have for years been denied the benefits enjoyed by permanent workers despite performing similar duties and possessing comparable qualifications.

Many have remained outside union protection and have been subjected to lower wages, insecure contracts and limited access to workplace benefits.

Under the ruling, outsourced workers, casual labourers and piecemeal workers will be entitled to terms and conditions of service equivalent to those enjoyed by unionised employees in the same enterprises.

They will also be allowed to join unions or contribute agency fees to access negotiated benefits.

“There shall be no discrimination of any kind between the permanent employee and the outsourced person from where they are working,” Atwoli said.

The SG likened some outsourcing practices to modern slavery, arguing that private agencies often treat workers as commodities while paying them substantially less than directly employed staff.

Atwoli said COTU will distribute the judgment to all its affiliates and push for amendments to the Labour Relations Act to explicitly recognise outsourced labour and strengthen protections for vulnerable workers.

The ruling is expected to have far-reaching implications across sectors that rely heavily on outsourced labour, including agriculture, manufacturing, security and cleaning services.

Labour rights advocates say the decision could redefine industrial relations in Kenya by ensuring equal treatment for workers performing the same roles, regardless of their employment status.

“With this ruling, outsourced workers now have legal protection and a voice,” Atwoli said, adding that unions will closely monitor compliance and take legal action against employers who fail to implement the court's directives.