Frequently Asked Question

How does outsourcing affect employee rights and unions?

2 min read BestCare Manpower Services Nairobi, Kenya
Answer

Outsourced workers are not second-class workers. They retain the full suite of employment rights granted by law, and in many jurisdictions, they also retain the right to organise, join trade unions, and engage in collective action. Outsourcing changes the structure of the employment relationship — but it does not diminish the rights that come with it. At Bestcare Manpower Services, we are committed to ensuring that every worker we employ is fully aware of and able to exercise their rights.

Outsourced workers are entitled to all rights granted by employment law: minimum wage, working hours protections, leave entitlements, protection from discrimination and unfair treatment, safe working conditions, and access to grievance and disciplinary procedures. These rights derive from statute and cannot be contracted out of — neither by the outsourcing firm nor by the client.

The right to join a trade union is a fundamental right in most democratic jurisdictions. Outsourced workers retain this right. They may join the union appropriate to their sector or occupation and may participate in collective bargaining processes. The fact that their legal employer is an outsourcing firm rather than the host client does not remove this entitlement.

Collective agreements are typically negotiated between a union and a specific employer. In an outsourcing context, questions can arise about which employer’s collective agreement applies — the outsourcing firm’s or the client’s sectoral agreement? The answer depends on the specific jurisdiction and the terms of any applicable agreements. Bestcare engages with this question transparently and ensures that any applicable collective agreement terms are honoured.

Outsourced workers who exercise their rights — including union membership, raising grievances, or participating in lawful industrial action — are protected against victimisation or dismissal on those grounds. Bestcare treats any retaliatory action against a worker exercising their rights as a serious disciplinary matter.

Beyond formal union representation, Bestcare provides all workers with channels to raise concerns, ask questions, and provide feedback about their working conditions. We believe that workers who feel heard and respected are more engaged, more productive, and more likely to build long-term relationships with us and the clients they serve.