Labour Tribunal Rules On Gig Workers' Status

The Labour Tribunal of Hong Kong has provided welcome guidance on determining the employment status of platform workers, in a case brought by sham-self-employed couriers.

Background

The burgeoning gig economy has long presented a conundrum for employment law, with its unique model raising significant questions about employment status, as well as workers' rights and entitlements. This new form of work often blurs the boundaries of traditional employment categories, making it difficult to know whether to classify gig workers as employees or independent contractors.

A recent ruling by the Labour Tribunal of Hong Kong has shed new light on the status of gig workers. The Labour Tribunal ruled in favour of six gig-worker couriers who worked for Zeek, a food and parcel delivery platform. The tribunal considered 11 factors in deciding whether there was an employment relationship between Zeek and the couriers, ultimately holding that the couriers were employees. In