Letters | MPF update was a start, but Hong Kong must also protect gig worker rights

Readers discuss the legal loopholes that leave the self-employed unprotected, the struggle to suppress illegal cigarette sales, and Beijing’s long-game approach to Taiwan

Reading Time:4 minutes

A delivery worker rides through Wan Chai on July 15, 2020. Photo: Nora Tam

Published: 11:30am, 27 Jun 2022

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The plan to abolish the MPF offsetting mechanism and the introduction of paid sick leave with regard to Covid-19 come as good news to the general public. However, the enhancement of labour rights should not stop here. At least two major labour issues remain unresolved: the gig economy and temporary contracts.

Many developed countries have already taken action to protect the basic labour rights of the self-employed. In France, gig workers are entitled to insurance, proof of employment and trade union rights. In Germany, employers must provide work tools such as bikes and mobile phones to freelancers. In the UK, a Supreme Court ruling has recognised Uber drivers as employees of the firm, not self-employed.

In Hong Kong, meanwhile, many labour disputes have arisen due to a lack of regulation around the city’s burgeoning gig economy. Take the education sector as an example: it is common for schools to hire temporary staff to teach short-term academic and extracurricular courses, and these tutors are self-employed. Their wage is only paid when they finish teaching the course, which could last from a couple of months to a year.

The one-month wage period and compensation for late payment of salary currently stipulated by the Employment Ordinance do not apply to gig workers. This legal loophole not only weakens the bargaining power of freelancers, but also leads to unequal treatment.

At present, the self-employed are required to make MPF contributions on a self-reporting basis. While freelancers have to shoulder this onus, employers should be equally required to shoulder basic but necessary responsibility as well. The government should update the labour regulations swiftly to respond to this growing situation.