Trade and Labour Pathways for Decent Work in Kenya's Digital Economy 2025

where practicable – to ensure safe and healthy working environments and conditions, including psychosocial health safeguards. –Mandate platform accountability protocols, including transparency of algorithms, protections against arbitrary deactivations and access to digital dispute resolution mechanisms.The Ministry of Labour and Social Protection is already working with partners such as the International Labour Organization (ILO) and the German Agency for International Cooperation (GIZ) to review existing laws and develop policy frameworks for the digital and BPO sectors.63 A participatory, phased approach rooted in worker realities is essential. The BPO sector is a major employer within Kenya’s digital economy and a cornerstone of its global competitiveness. The National BPO Policy proposes the creation of a “decent work toolkit” for the BPO sector.64 Although it is not yet clear what this toolkit will specifically entail, stakeholders supported the idea of developing guidance for businesses in the BPO and other digital economy sectors, especially if co-created with workers, employers and their representative organizations and tailored to Kenya’s labour and investment environment. While some companies are making commitments and taking action (see Box 1), sector-wide guidance would provide clarity. 4.2 Decent work toolkits for businesses in the digital economy Glovo’s Couriers Pledge: An example of voluntary commitments to platform economy workersBOX 1 Glovo’s Couriers Pledge, launched in 2021 and implemented in Kenya, outlines commitments to improving working conditions for delivery couriers across four areas: fair earnings, safety, equality and community. Key provisions include predictable pay structures aligned with regional living wage benchmarks and accounting for fuel and maintenance expenses, insurance coverage, safety features such as an in-app SOS button (linked to rescue.co in Kenya) and access to sick pay and parental benefits. An appeals process allows couriers to challenge decisions such as deactivations. Couriers are also offered optional training in digital and financial skills, with more than 3,000 participants to date. The Fairwork Kenya Ratings 2022 report65 highlighted Glovo’s minimum earning thresholds and insurance coverage. It listed the need for clearer contracts, more robust grievance mechanisms and stronger protections around algorithmic management and deactivation processes as areas for improvement. Such private-sector examples could inform a decent work toolkit for the sector. Sources: Glovo, The Couriers Pledge; Fairwork, Fairwork Kenya Ratings 2022 Based on interviews and global good practice, the toolkit(s) could include: –Clear pay standards: Locally benchmarked wage baselines for different BPO platform and other digital economy roles could provide clarity on pay. The minimum wage in Kenya differs according to occupation and location, and hourly, daily and monthly rates are specified.66 Informal workers, however, are not well protected, and more clarity is necessary for digital economy occupations. –Advance payment structures: Guidelines for partial upfront payment or milestone-based remuneration, particularly for freelancers and gig workers, could be developed. This would help reduce income insecurity and protect workers from wage theft or excessive delays in payment due to prolonged review periods. –Mental health and OSH guidelines: Guidelines for protecting mental health, particularly for content moderators and data labellers, need to be developed. These could build on the protocols developed by the Global Trade Union Alliance of Content Moderators, including on limiting exposure, establishing realistic quotas, providing trauma training and counselling and setting up OSH committees.67 Crucially, mental health services must be provided by independent professionals, not performance evaluators, and handled confidentially to address trust and privacy concerns. –Algorithmic management transparency: Transparency requirements for algorithmic pricing, task assignment, rating and deactivation processes are necessary to ensure fairness and build trust. Firms could be encouraged to co- Trade and Labour: Pathways for Decent Work in Kenya’s Digital Economy 20