An overview of gig economy legislation and the protection of workers' rights in Africa
The fast-growing digitisation of the global economy and the evolution of Information and Communication Technology (ICT) have introduced a range of services that enhance everyday life, like food delivery services, digital taxis and online house workers. However, there has also been global debate over the employment conditions of employees in this new stratum of service companies, which has also begun playing out in courtrooms.
Often labelled as “independent workers” or “self-employed”, gig economy workers, as they are commonly known, are increasingly demanding recognition, benefits and protections similar to those received by formal employees. The Business and Human Rights Resource Centre has tracked the main concerns raised by this category of workers and their clamour for recognition and rights, such as the right to fair wages, fair treatments, fair representation which alters their freedom of association and expression, personal safety and safety of contracts.
However, regulatory gaps pose as one of the main obstacles for gig economy workers in African countries in seeking accountability for rights abuses. To fill this gap, aggrieved workers are turning to other mechanisms, such as strategic litigation and unionisation. This litigation is costly and time consuming, and also comes with other procedural and administrative barriers. Regulation remains key to protecting a wide range of workers and sets a common standard to be followed by sector players.
This page tracks the status of legislation to protect gig economy workers in African countries. It emphasises the need for further regulatory steps to address the distress experienced by these workers and highlights developments in other countries which have adopted such legislation.
Despite significant gaps in rights protections for gig economy workers, only a few countries in Africa have made progress towards adopting such legislation. Outside Africa, Brazil, the Philippines and some states in the US have made progress towards enacting legislation or adopting new rules to regulate the gig economy.
Regulations in Africa
Most African nations have not enacted specific laws pertaining to the gig economy, even though there are an increasing number of allegations of abuse linked to the sector. This regulatory gap impedes workers' ability to benefit from fair employment conditions. From unfair commissions to harsh working conditions, workers are expressing their frustrations and needs through different means.
Online drivers in South Africa, Kenya, Egypt and Nigeria have called strikes and initiated class actions to request better working conditions. In South Africa and Kenya, governments have taken some diffident regulatory steps on online taxi services specifically. In Kenya, after the national e-hailing drivers’ strike organised in connection with the landmark ruling in the UK case relating to the classification of Uber drivers in 2021, the Government gazetted in 2022, the Transport Network Companies (Owners, Drivers and Passengers) Regulations meant to regulate digital taxi hailing sector. According to the Regulations, every company must be registered, be tax compliant, and operate from a physical office in Kenya in order to be granted a licence. In addition, the driver or the owner of the vehicle is required to sign a contract with the licensed transport network as a precondition to the use of its network. The law also requires drivers to have a licence and subscription to prevent security problems brought on by fraudulent drivers; and caps the maximum commission paid by the driver, or the car owner at 18% of the total revenues for each trip.
However, the regulations -- mainly oriented towards licensing -- fell short of e-drivers' demands. The questions of classification, rights and legal status are still pending. Kenyan online drivers continue to call for the adoption of a regulation on digital work to guarantee fair pay, fair treatment and fair working conditions. In South Africa, the Government passed a National Land Transport Amendment Bill in 2020 that has not yet been enacted. The Bill envisaged providing for better contractual and operational security norms for online taxi drivers, while mitigating the troubling clash with meter drivers. The law is expected to grant online drivers the same rights and protection as meter drivers.
Africa
Uganda
Kenya
South Africa
Regulations in Brazil, USA and the Philippines
Brazil, USA and the Philippines have made progress in enacting legislation or adopting new rules to regulate the gig economy.
![Delivery rider in Bahia, Brazil](https://media.business-humanrights.org/media/images/shutterstock_1855614307.2e16d0ba.fill-300x300-c100.jpg)
Brazil
![Delivery rider in Bahia, Brazil](https://media.business-humanrights.org/media/images/shutterstock_1855614307.2e16d0ba.fill-300x300-c100.jpg)
Brazil
Brazil currently has 1,660,023 people working as app drivers or delivery workers, according to a survey conducted by the Brazilian Center for Analysis and Planning (Cebrap) and the Brazilian Association of Mobility and Technology (Amobitec). The Lula Government, which began in 2023, committed to regulating the activities of app drivers and delivery workers. The Government is expected to present a proposed law in the first quarter of 2024. To ensure tripartite dialogue between employees, employers and government, working groups have been created to discuss the proposal. Discussions with app drivers are more advanced, with a proposed law (PL 1471/22) that determines the regulation of passenger transport app services. It has been agreed that it is necessary to ensure social security (guaranteeing the counting of service time for retirement and ensuring coverage in case of an accident or occupational disease) and remuneration based on the hourly value worked (ensuring the minimum wage), as well as a monthly payment for factors such as vehicle wear and tear and expense reimbursement. However, there is still no agreement regarding the regulation of delivery apps for goods and food with app delivery personnel.
![Gig economy delivery worker](https://media.business-humanrights.org/media/images/shutterstock_1336876361.2e16d0ba.fill-300x300-c100.jpg)
USA
![Gig economy delivery worker](https://media.business-humanrights.org/media/images/shutterstock_1336876361.2e16d0ba.fill-300x300-c100.jpg)
USA
The gig employment industry is rapidly growing in the United States, which prompted the enactment of new laws across cities. In 2023, New York City declared that minimum pay requirements for delivery workers would be established by 2025: an innovative regulatory measure that will encourage a sharp increase in pay from under $15 to about $20 per hour. Legislators in other cities such as Seattle, Massachusetts, Hawaii, Colorado and Washington also upgraded measures protecting gig workers in their legislatures. One of the leading influential factors has been the incessant push for more protections led by gig workers' associations, such as Los Deliveritas Unidos in New York City.
![Driver uber car](https://media.business-humanrights.org/media/images/car-4885228_1920.2e16d0ba.fill-300x300-c100.jpg)
Philippines
![Driver uber car](https://media.business-humanrights.org/media/images/car-4885228_1920.2e16d0ba.fill-300x300-c100.jpg)
Philippines
In July 2020, the Philippines passed a second reading of a bill known as the “National Digital Careers Act of 2020” that seeks to establish employment standards in the gig economy. The bill was enacted into law in 2022. the Philippine Digital Workforce Competitiveness Act mandates that government agencies develop a comprehensive strategy to educate and support individuals who want to pursue professions in digital technology. It also requires them to develop labour standards for workers in this field, including ensuring employers adhere to the minimum wage rates outlined in the legislation. Additionally, the measure offers subsidies, start-up help, training, scholarships and awards to freelancers and digital professionals.
Zeitleiste
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South Africa: A bill on digital taxi sector yet to be enacted by the Govt eagerly awaited by e-drivers
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Uganda: Fairwork report finds poor working conditions across 12 platform companies; incl., gendered risks for women workers; incl., cos responses & non-responses
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USA: Govt. issues final rule forcing cos. to treat some workers as employees instead of independent contractors; incl. cos comments
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South Africa: Gig workers for on-demand cleaning app SweepSouth allegedly face abuse incl. working unpaid hours they did not book; incl. co comment
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Uganda: Women gig workers face exploitative working conditions, incl. gendered risks such as sexual harassment & discrimination
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Kenya: Govt agency declines to renew Bolt's licence over alleged regulatory breaches including illegal commissions charges; co. comment
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Africa: How workers reshape trade unions and power asymmetries in the digital age
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Brasil: Em documento apresentado em grupo de trabalho, empresas de entrega por aplicativo querem lei que as isentem de responsabilidades
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S. Africa: Uber Eats drivers encounter temporary or permanent bans from the app due to power crisis without due process; incl. Co. comments
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Brasil: Pesquisa mostra impacto da relação de trabalho de entregadores de aplicativos
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Brasil: Adolescentes trabalham como entregadores em aplicativos, atividade de risco é proibida pela legislação; incl. comentários da empresa
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Brasil: Em discussão sobre regulamentação do trabalho, associação que representa plataformas oferece salário mínimo mas rejeita vinculo trabalhista
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Brasil: Carta Compromisso pelo Trabalho Decente é lançada pelo Instituto Ethos; expectativa é que empresas que trabalhem com plataforma digital assinem
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EU: Member states agree on rules to better protect gig economy workers; negotiations with Commission & Parliament to follow
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USA: New York City announces mandatory minimum wage for food delivery workers
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Brasil: Entregadoras de aplicativo relatam a dificuldade de trabalhar e serem mãe e reivindicam, entre outras coisas, banheiros e fim de pontuação
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Brasil: Sindicatos e trabalhadores de aplicativo querem salário mínimo; requisição faz parte da discussão sobre a regulamentação
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Brasil: Trabalhadores de Uber e iFood querem flexibilidade, mas com proteção social, diz pesquisa
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Kenya: Govt authority confirms enactment of long awaited digital taxi regulation
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Brasil: Governo exclui entregadores do grupo de discussão sobre regras trabalhistas para aplicativos de entrega
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Gig workers across Africa face abuse & exploitation as house-cleaning service apps take off; incl. co. comments
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Columnist claims Uber's presence in Africa undermines workers' rights; incl. company's comments
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S. Africa: E-hailing services drivers call on government to follow other countries in the world by regulating the industry and improve their conditions of employment; includes co. comments
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Nigeria: Nigerian e-Hailing Drivers to Institute Class Action Suit Against Uber and Bolt
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So. Africa: Uber & Bolt drivers strike over high service fees & safety concerns
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So. Africa: Uber drivers to file class-action lawsuit to seek labour rights
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So. Africa: Uber Eats drivers strike over lower delivery charges & reduced income
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Kenya: Drivers claim terms of engagement with Uber are exploitative & do not guarantee living wage; company comments
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So. Africa: Uber & Bolt reject government's proposed pricing controls for ride-hailing companies
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