Independent Contractor Agreement Hong Kong

It may be too early to say what impact this pioneering decision (The Uk decision) could have on e-hailing drivers in Hong Kong. Nevertheless, questions such as whether Gig Economy workers should be considered “workers” or “independent contractors” in Hong Kong`s labour market economy and whether labour laws in Hong Kong should be amended to cope with the rapid growth of the social economy are no longer far removed. , but are now on our doorstep. Given that the UNITED Kingdom ruling entitles them to legal protection under BRITISH labour law, will the term “worker” under the OP be broad enough to cover Gig Economy workers, giving them the same protection or benefits as workers working here in Hong Kong? If it is not broad enough, are they independent contractors? In the British Uber case, the EAT, after reviewing the agreement between Uber and the drivers, and the reality of the situation. B Uber, would require drivers to take trips and that a cancellation would be a violation of the agreement between drivers and Uber; Drivers were unable to exchange contact information with passengers; Drivers had to accept the conditions and fares set by Uber; and Uber dealt with complaints, etc., found that because of Uber`s level of control over the way drivers do their jobs, there was a “worker” contract [4] between Uber and the drivers. Drivers are therefore entitled to paid leave and the national minimum wage. Positive Actions of the Employer and The Worker Even if they are not determinative, the Court will consider certain positive actions of the employer or worker. An example is the payment of payments from the Mandatory Premeditation Fund (MPF). Under the Mandatory Pension Plans Regulation16, Hong Kong employers are required to contribute to the MPF for all their employees. In some cases, the Court of Justice has treated an employer who does not pay MPF contributions for his worker as a factor in the fact that the worker is an independent contractor.17 However, the Court generally accepts that the employer can easily refuse mPF contributions to argue against the existence of an employer-worker relationship, and this factor is therefore generally not decisive. Financial Risk A worker exposed to financial and profit risks would generally be weighted on an independent subcontractor relationship.

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