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

Annex Global legislative approaches to protecting platform and gig workers Jurisdiction Statutory/judicial interventionYearKey provisions for platform/gig workers Chile Law No. 21.431 – Digital Platform Work Law2022 Defines dependent and independent platform workers; mandates written contracts or service agreements; includes 12-hour disconnect; ensures social security, safety training, equipment, insurance; stronger OSH duties for dependent workers European Union Directive on Improving Working Conditions in Platform Work2024 Presumption of employment if control exists; rights to transparency, human oversight in algorithmic management; protection of personal data; collective bargaining rights France El Khomri Law (2016), Mobility Orientation Law (LOM) (2019), Authority for Social Relations of Employment Platforms (ARPE)2016–2024 Platform workers retain self-employed status (El Khomri Law, 2016); have the right to refuse tasks (LOM, 2019); benefit from minimum earnings guarantees and safeguards against account deactivation through sectoral agreements (2023– 2024); and participate in social dialogue via ARPE Italy Legislative Decree No. 81/2015 and Law No.128/20192015–2019 (ongoing interpretation)Article 2 of Legislative Decree No. 81 states personal, continuous work where time/place/ methods are organized by the client are treated as employment, so employee protections apply. Law No.128/2019 (delivery platform workers/ riders decree) mandates written contracts; fixed minimum pay (not piece-rate only); OSH insurance; data protection; no deactivation for refusal; social protections Courts and inspectorates have ordered certain platforms to reclassify ~60,000 riders as employees, applying back-payment of wages and contributions Mexico Amendment to Federal Labour Law 2024 Defines digital platform work; presumes employment above income threshold; prohibits misclassification; mandates contracts with algorithm transparency Singapore Platform Workers Act 2024 Guarantees retirement, work injury compensation, OSH protections and collective bargaining for ride- hailing and delivery workers Spain Riders Law 2021 Presumes employment relationship for food delivery riders; requires platforms to issue contracts, ensure occupational safety; mandates algorithmic transparency United Kingdom Court Ruling (e.g. Uber BV v Aslam) and Third Worker Category2021 UK employment law includes non-statutory directive that recognizes “worker” as an intermediate status between employee and self-employed. Extended to gig/platform workers; gig workers (e.g. Uber drivers) entitled to minimum wage, paid leave and protection from unfair treatment Trade and Labour: Pathways for Decent Work in Kenya’s Digital Economy 24