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.

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.