Parliament in Kenya is considering amendments to the Employment Act to formally recognise remote workers as employees, in a move aimed at aligning the country’s labour laws with the realities of the modern digital economy.

The proposed changes, as explained by National Assembly Majority Leader Kimani Ichung’wah, seek to expand the legal definitions of both “employee” and “employer” to explicitly include individuals working remotely, particularly those engaged in business process outsourcing (BPO) and IT-enabled services.

According to the proposal, the current Employment Act is largely based on traditional workplace structures, where employment is defined by physical office locations, formal appointment letters, and clearly defined contracts tied to a physical workspace.

Lawmakers argue that this framework no longer reflects current working arrangements, especially with the rise of digital platforms and remote job opportunities.

Ichung’wah noted that in today’s environment, many workers are engaged in tasks that do not require a fixed office presence or even a physical address, especially within the growing BPO sector.

The COVID-19 pandemic significantly accelerated the shift towards remote working, and this trend has continued, particularly among young Kenyans offering services to both local and international clients.

Supporters of the amendment believe that updating the law will provide clearer legal protections for remote workers, improve labour flexibility, and encourage job creation within the digital economy.

If passed, the amendment is expected to strengthen Kenya’s position as a competitive hub for digital work and outsourcing services in Africa, while ensuring that workers operating outside traditional office environments are properly recognised under national labour law.