HK to propose enhanced protections for food delivery workers

The government will propose measures to further improve the rights and benefits of food delivery platform workers this year, with potential legislation to strengthen protections, Secretary for Labour and Welfare Chris Sun Yuk-han said Wednesday.

Speaking to lawmakers, Sun revealed that the Labour Department completed a statistical survey and consultation last year and found that workers were most concerned about compensation for work-related injuries.

Sun said the government has reviewed guiding cases from the Supreme People’s Court in mainland China.

In Hong Kong, Sun explained, courts have established criteria to distinguish between self-employed individuals, independent contractors, and employees.

Key considerations include whether the purported employer controls the worker’s tasks, whether the worker can hire helpers, provide their own tools, or bear financial risks.

If an employment relationship exists in practice, the employer must fulfill legal obligations—even if the worker is classified as self-employed—including potential criminal liability for violating employment rights.

Sun noted that most Hong Kong delivery platforms already provide personal accident insurance, safety training, and workplace safety information to prevent accidents.

The government will continue working with a liaison group to encourage platforms to adopt further welfare measures.

Lawmaker Kwok Wai-keung of the Hong Kong Federation of Trade Unions argued that frontline delivery personnel are more worried about illegal workers.

He criticized insufficient enforcement against undocumented laborers and a lack of detention facilities for bogus refugees, urging stricter action.

In response, Sun emphasized that crackdowns on illegal workers apply to all sectors, not just delivery workers.

The Immigration and Labour Departments will enforce the law rigorously to protect local workers’ rights, he said.

(Ayra Wang)