What rights do gig workers have in Hong Kong in 2025?
The rise of the gig economy in Hong Kong has created new opportunities — and new legal challenges. While gig workers are generally not treated as employees under local law, they are not without protections. Depending on the nature of the work and the contract, certain rights and entitlements may still apply. For both workers and businesses, understanding these distinctions is essential to staying compliant and safeguarding rights.
Are gig workers considered employees under Hong Kong law?
In most cases, gig workers—such as freelancers, ride-share drivers, and food couriers—are treated as independent contractors, not employees. This means they are not automatically covered by core protections under the Employment Ordinance (Cap. 57), such as:
- Mandatory Provident Fund (MPF) contributions
- Statutory minimum wage
- Paid rest days and holidays
- Severance or long service payments
However, your employment status depends on the facts, not the label. If a working relationship resembles traditional employment (e.g. control over working hours, dependence on one client), you may be entitled to employee protections.
What legal protections do gig workers have?
Even as a contractor, you may still have rights under various Hong Kong laws:
1. Contract Law
- You are protected by the terms of your service agreement or contract.
- Clients must honour payment and deliverables as agreed.
2. Discrimination and Harassment Laws
- Anti-discrimination laws apply, regardless of employment status.
- You are protected from workplace harassment under the Sex Discrimination Ordinance, Disability Discrimination Ordinance, and others.
3. Occupational Safety
- Employers or platforms may still owe a duty of care under the Occupational Safety and Health Ordinance (Cap. 509).
How can gig workers resolve disputes?
If a client refuses to pay or breaches your agreement:
- Try negotiation or informal resolution first.
- You can file a claim with the Labour Tribunal (for employment disputes) or Small Claims Tribunal (for contract disputes under HK$75,000).
- Keep records of all contracts, messages, and proof of work delivered.
For tips on managing client agreements, see our blog on freelance contract essentials in Hong Kong.
What about minimum wage and MPF?
These typically apply only to employees:
- Minimum Wage Ordinance (Cap. 608): Covers hourly paid employees, not contractors.
- Mandatory Provident Fund (MPF): Applies to employees aged 18–64 working over 60 days.
If you're working through an agency or platform, check whether you're being misclassified—some companies may be legally required to treat you as an employee.
Can AI help gig workers and their employers understand their rights?
Yes. Ask.Legal offers AI-powered legal support that helps gig workers:
- Understand whether they are legally an employee or contractor.
- Check eligibility for protections under Hong Kong employment laws.
- Learn how to file a claim or resolve a worker dispute.
- Get plain-English summaries of legal contracts and terms.
It’s designed for anyone in the Hong Kong gig economy.
Need help navigating this issue? Check out Ask.Legal — our AI-powered legal assistant is ready to help 24/7.
