The Central Organization of Trade Unions (COTU) has warned employers across the country against underpaying casual laborers and exploiting outsourced workers following a recent landmark court ruling.

🇰🇪 Breaking It Down

Speaking during a media briefing in Nairobi on Wednesday, June 17, COTU Secretary-General Francis Atwoli urged employers to allow all workers, regardless of their employment status, to join trade unions and benefit from collective representation. He warned that employers must stop using outsourcing loopholes to evade their obligations under Kenya's labor laws.

Atwoli accused some employers and labour agencies of exploiting workers by hiring them through outsourcing arrangements and paying them significantly less than permanent employees performing the same duties.

"You find that somebody who comes to where you are working is doing the same job, but they are being paid half of what you get," Atwoli said.

📌 What You Need to Know

The COTU boss argued that the widespread use of outsourced labourers has enabled some employers to evade their obligations under Kenya's labour laws, which has often led to unfair treatment and unequal pay for workers carrying out similar responsibilities.

"This has made employers negate their primary requirement of making sure that there are fair labour practices in our country," he added.

His comments followed a recent court ruling that granted casual labourers and outsourced workers equal treatment as those formally employed, allowing them to also enter into unions that fight for their rights.

The court also affirmed the principle of "equal pay for equal work," regardless of whether an employee is on a permanent, temporary, outsourced, or fixed-term contract.

During the hearing of the matter, the judge found that the workers had identical job descriptions and performance evaluation systems as their permanently employed counterparts but were denied benefits available under the Collective Bargaining Agreement (CBA), including better wages, medical cover, pension benefits, bonuses, house allowances, and other employment protections.

In its ruling, the court ruled that such treatment amounted to discrimination and violated the Constitution , the Employment Act, and international labour standards.

📰 Source: Kenyans.co.ke