The Central Organisation of Trade Unions has weighed into the controversy surrounding passage of the Business Laws (Amendment) Bill 2024 by Senate, giving legal immunity to multinational companies.
Cotu Secretary General Francis Atwoli called on the Senate to recall and review the Bill to ensure it complies with Article 41 of the Constitution that guarantees workers right to join trade unions.
Cotu also sought for amendment of the contentious provisions that “unfairly insulate multinationals corporations from accountability.”
He said if the Bill proceeds as it is, workers will be denied the right to fair administrative action and access to justice. “Cotu acknowledges the alarm raised by technology workers who have expressed grave concern over the Business Laws (Amendment) Bill.”
“This 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,” said Atwoli.
Cotu’s reaction comes after 35 Tech workers filed a petition seeking withdrawal of the Bill. They argue that President William Ruto plans to grant legal immunity to multinationals including global Tech Companies such as Meta.
In their petition, the workers stated that the sections of the Business Laws (Amendment) Bill 2024 which was tabled by Senate Majority Leader Aaron Cheruiyot, would shield international firms from lawsuits over labour and human rights violations.
Atwoli said by shielding powerful multinational technology companies from accountability, while placing undue liability on local Business Process Outsourcing (BPO) firms and workers, the Bill entrenches discrimination and weakens the protection of workers’ rights.
“As Cotu 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,” said Atwoli.
“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 added.
