The intricate web of global tech supply chains often obscures the realities faced by the workers who power them, particularly in Africa. Recent distressing events in Kenya, where a content moderator working for a global outsourcing firm tragically died amid allegations of exploitation, have once again thrown a harsh light on the precarious nature of employment for many in the continent’s rapidly growing tech sector. Now, a new piece of legislation emerging from Tunisia is offering a potential, albeit debated, model for addressing these systemic issues.

Subcontracting, at its core, is the practice where a company (the beneficiary) hires another company (the subcontractor) to perform specific tasks or services. This arrangement can be legitimate, allowing businesses to focus on core activities and access specialized skills. However, in many instances, particularly within the tech industry, it has morphed into a mechanism for global corporations to access a cheaper workforce, often with diminished labour rights and protections. Workers recruited under subcontracting agreements can find themselves in a legal grey zone, lacking the benefits, security, and even basic respect afforded to direct employees.

The recent death of Ladi Anzaki Olubumni in Nairobi serves as a stark reminder of this vulnerability. Ms. Olubumni, a Nigerian national working for French outsourcing giant Teleperformance as a TikTok content moderator, was found dead in her apartment, allegedly after her employer failed to respond to her absence. Her colleagues have since launched protests, alleging a litany of abuses, including the illegal deduction of taxes and social security contributions, the withholding of work permits, and the denial of her requests to visit her home country. The accusations paint a picture of a company seemingly comfortable operating outside the bounds of basic employee welfare, shielded by the subcontracting model. This incident is not isolated. Across Africa, particularly in the rapidly expanding fields of tech and business process outsourcing, similar stories of low pay, intense pressure, inadequate support, and precarious contracts are rife. Global tech giants, eager to leverage the continent’s youthful and digitally savvy population, have often turned to outsourcing firms, creating a multi-layered structure that can obscure accountability and leave workers feeling exploited and disposable.

Against this backdrop, Tunisia’s House of People’s Representatives has adopted a new law aimed at fundamentally reshaping the landscape of subcontracting and bolstering worker protections. This legislation, championed by President Kaïs Saïed who has labelled subcontracting a “disguised form of exploitation,” introduces significant amendments to article 234 of the country’s Labour Code.

One of the most striking provisions is the outright ban on labour subcontracting for a company’s main and permanent business activities. This means that companies operating in Tunisia will no longer be able to use staffing agencies to recruit workers for core functions, a practice often criticized for creating a two-tiered workforce with unequal rights and benefits. Any company found to be engaging in illegal subcontracting will face a hefty fine of 10,000 dinars. Repeat offenders could even face a prison sentence of three to six months.

Furthermore, the new law takes aim at the widespread use of fixed-term contracts (CDD) outside of genuinely exceptional circumstances. From now on, any fixed-term contract that doesn’t fall under specific, narrowly defined exceptions (such as temporary increases in activity, temporary replacement of an absent employee, or seasonal work) will be automatically converted into a permanent contract (CDI). This applies retroactively to existing contracts, ensuring that long-serving workers on rolling fixed-term agreements will finally gain the security of permanent employment. Seniority acquired under these previous contracts will be fully recognized, provided there was no break in employment exceeding one year. Even the trial period for existing contracts remains valid only if it doesn’t exceed six months, preventing employers from perpetually keeping workers in a probationary state.

Perhaps most significantly for those currently trapped in precarious subcontracting arrangements, the Tunisian law mandates the immediate integration of workers employed under prohibited labour subcontracting into the beneficiary company as full employees. Their accumulated seniority will also be recognized if their employment with the beneficiary company has been continuous. This provision directly addresses the core issue of workers performing essential tasks for a company without enjoying the same rights and protections as their directly employed counterparts. Moreover, for those on fixed-term contracts terminated between March 6, 2024, and the law’s enactment (whether by the employer or through now-prohibited subcontracting), who had worked for at least four years, automatic integration into the beneficiary company is also mandated. In the event of dismissal after this integration, these employees will be entitled to substantial compensation: two months’ salary per year of seniority, with a minimum of four months’ salary.

To ensure compliance, the law provides a three-month window for companies to align their practices with the new regulations. Failure to do so will result in prosecution and the aforementioned penalties. Additionally, the law introduces a new article to the Labour Code imposing fines ranging from 100 to 300 dinars (USD 32 — USD 97) per employee employed in violation of subcontracting rules, with a maximum fine of 10,000 dinars (USD3,200). This multi-pronged approach, combining outright bans, automatic contract conversions, mandatory integration, and significant penalties, signals a serious intent to dismantle exploitative subcontracting practices.

While Tunisia’s move is undoubtedly bold, the question remains whether similar comprehensive laws exist elsewhere in Africa. Findings by Launch Base Africa suggest that while many African countries have labour laws that touch upon subcontracting, few, if any, have implemented such a sweeping ban on labour subcontracting for core business activities coupled with such robust provisions for automatic contract conversion and worker integration. Some countries have regulations aimed at ensuring equal treatment for subcontracted workers in terms of wages and working conditions, but the fundamental issue of precarious employment often persists.

The Tunisian law, therefore, stands out as a potentially groundbreaking piece of legislation. It directly confronts the power imbalance inherent in many subcontracting arrangements and seeks to reassert the primacy of the direct employment relationship. However, the true test of its effectiveness will lie in its implementation and enforcement. Will the Tunisian government have the resources and political will to ensure that companies comply with these new regulations? Will there be loopholes that allow businesses to circumvent the spirit of the law? And will this inspire other African nations, witnessing the human cost of unchecked subcontracting, to adopt similar measures?

The Bottom Line

Tunisia’s new subcontracting law offers a compelling, if perhaps idealistic, vision for a more equitable labour market in the tech sector and beyond. It directly tackles the systemic issues that have allowed the exploitation of workers like Ladi Anzaki Olubumni to persist. While the specific context of Tunisia may differ from other African nations, the principles enshrined in this law — the prioritization of permanent employment, the integration of precarious workers, and the imposition of significant penalties for exploitative practices — could serve as a powerful model for a continent grappling with the human cost of its rapidly growing, yet often unregulated, tech industry. Whether this Tunisian blueprint becomes a widely adopted standard remains to be seen, but it has undoubtedly ignited a crucial conversation about the fundamental rights and dignity of Africa’s tech workforce.