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Wednesday, May 27, 2026

Revisiting labour rights of gig workers: whether new labour laws are ... - Lexology

Introduction

In our newsletter “First Hong Kong Labour Tribunal decision to rule gig worker couriers are employees”, we discussed the first Hong Kong case where the Labour Tribunal ruled that gig workers of Zeek, a delivery platform, are employees.

Know more about the Zeek case here.

Zeek has already stopped operations and is being wound up. The Federation of Trade Unions said about 300 gig workers have filed claims for wage arrears in region of HK$13 million. The controversial issue here is whether Zeek’s gig workers were employees or independent contractor (i.e. self-employed).1

This has given rise once again to the debate on whether gig workers are employees or self-employed and whether new laws are necessary to protect gig workers. Our partner, Mr. Michael Szeto, was interviewed by RTHK in their programme “自由風自由PHONE” and gave his views.2

Indeed, this debate is not new. In mid-November 2021 during the COVID pandemic, about 300 Foodpanda delivery workers went on 2-day strike and sparked a public debate on whether we need new laws to protect gig workers. In November 2021 edition of our newsletter: “Does Hong Kong need new laws to protect gig workers?”, we concluded that sooner or later, Hong Kong will need to review its labour legislations as gig economy continues to bloom.

Know more about the discussion here.

Gig economy and gig workers

Gig economy is an on-demand, peer or platform economy where businesses can hire workers or freelancers to take up on-demand jobs or “...



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