M-Pesa agents Safaricom employees

Are M-Pesa agents Safaricom employees?

M-Pesa agents have sparked a heated debate on whether they should be considered as Safaricom employees due to the value they add to the company.

This comes in the wake of the UK Supreme Court ruling that Uber drivers should be classified as workers. A section of Uber drivers had moved to court seeking their employer be compelled to identify them as employees and not freelancers.

A case that transitioned from the lower courts to the Supreme Court. The employment tribunal ruled that drivers are workers employed by Uber and therefore entitled to rights such as a minimum wage, holiday pay, and rest breaks. A decision that was upheld by the employment appeal tribunal, the Court of Appeal, and the Supreme court.

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Why M-Pesa agents Safaricom employees?

The ruling has sparked a heated debate in the country, where trade unionists and other opinion leaders argue that M-Pesa should be considered as Safaricom employees and not self-employed.

COTU Secretary General Francis Atwoli averts that Mpesa agents are Safaricom employees according to the definition of “Worker.” The COTU boss further stated that Safaricom should give room for unionization of their workers.

“It is, therefore, our position that all the M-Pesa agents are workers of Safaricom and must be treated as such. Over and above that, Safaricom must allow for the unionization of their workers.” Said Atwoli.

Flamboyant Lawyer Donald Kipkorir has challenged the agents to file a lawsuit seeking recognition as Safaricom employees. Kipkorir argues that as it is in the case of Uber, agents operate under Safaricom’s terms and conditions hence qualifying to be employees.

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“Once an agent downloads an M-Pesa app, can he vary the terms with Safaricom? Can he decide what commission rate to charge users? Can an agent refuse a request for M-Pesa service from a customer? Can a bank like KCB refuse to provide M-Pesa services? Posits Kipkorir



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