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Hong Kong’s gig workforce has boomed, particularly in respect of food delivery, ride-hailing, and on-demand services. This growth is driven in part by significant labour shortages, with the Labour & Welfare Bureau projecting a shortfall of 180,000 workers by 2028. More significant gaps were observed in labour-intensive sectors such as construction, health services, retail and tourism industries.

Many companies engage gig workers as independent contractors, which offers flexibility and cost savings, but it means these workers may not be entitled to statutory employment protections. As Hong Kong, has no statutory definition of “gig worker”, the key legal issue is whether an individual is an employee or an independent contractor.

This two-part series discusses the issues surrounding the classification of workers as independent contractors versus employees and the immigration considerations that arise from this distinction.

An employee or an independent contractor?

The key legal distinction is whether a worker is an employee or an independent contractor. This is determined by the facts of each case. Hong Kong courts have applied the “overall evaluative-impressionistic approach”, weighing the 11 indicia set out in the landmark decision of the Court of Final Appeal in Poon Chau Nam v Yim Siu Cheung (2007) 10 HKCFAR 156. These indicia are:

1. control;
2. whether the person who provides the service uses their own equipment;
3. whether such person can delegate the task/hire his...

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