Gig workers refer to those under temporary, part-time, and flexible work arrangements. Publicly available statistics estimate that part-time roles represent 13.2% of the overall market in Hong Kong, or about 700,000 gig workers, whereas the number of gig workers in mainland China reaches 200 million in 2025.
The increasing ratio of gig workers has spurred rapid changes in relevant employment or labour protection measures across borders.
Hong Kong: expanded "Continuous Employment" scope to benefit gig workers
Effective from 18 January 2026, the eligibility rules to qualify for a "continuous contract" under the Employment Ordinance (Cap 57) will be expanded to cover more gig workers.
The current "418" rule provides that an employee who works for the same employer for at least 18 hours per week for four or more consecutive weeks is deemed to be employed under a "continuous contract" of employment and is eligible for additional benefits such as statutory holiday pay and sickness allowance.
The new "468" rule replaces the "418" rule with two revised criteria:
- Lower weekly threshold: the minimum number of work hours per week will be lowered from 18 to 17 hours. An employee working at least 17 hours a week for four or more consecutive weeks will be covered under "continuous employment"; and
- New aggregate hours criterion: an employee will also be considered having a continuous contract if he works a total of 68 or more hours across any four consecutive weeks.
These relaxed rules, particularly the new aggregate criterion of 68 hours over four weeks, will allow more gig workers to access substantial statutory benefits such as holiday pay, sick leave, and paid rest days.
Establishing an Employment Relationship - Hong Kong vs Mainland China
In Hong Kong, establishing an employment relationship to enjoy statutory protections - as opposed to an independent contractor whose benefits only has contractual entitlements - depends on multiple factors. These include the degree of control by the employer, the worker's integration in the business, and the contractual terms. Hong Kong courts and tribunals take a holistic approach and will examine the substance over contractual labels.
Mainland China applies similar standards, with additional distinctions and complexities. Employment relationships are established when workers provide labour to employers in exchange for remuneration and comply with workplace rules. PRC courts tend to favour recognizing employment relationships when substantial evidence suggests control, subordination and integration of the worker within the company's operations, irrespective of a formal written employment contract.
Both jurisdictions increasingly face challenges with gig workers, whose legal status can hinge on whether the platform exerts managerial control and whether labour is performed in a subordinate and dependent manner.
Gig Workers: Legal Status and Social Benefits
Hong Kong
In Hong Kong, gig workers are typically classified as independent contractors unless they meet the criteria for employment relationship, which often can only be ascertained through litigation. In this regard, the District Court in the Deliveroo Hong Kong case ruled that food delivery workers are independent contractors and thus not entitled to receive compensation under the Employees Compensation Ordinance for an accident occurred during a delivery. The court, applying the modern overall impression test, dismissed the workers' claims, noting that they are free to accept or reject work, used their own motorcycle and mobile phones to perform the delivery work, assume financial risks and expressly disclaimed any employee status. The court distinguished the earlier Zeek case in which workers were found to be employees due to tighter control and fixed work schedules.
This also contrasts with the recent Delivery Hero case, in which the High Court awarded 80% of the compensation claimed by a delivery worker who was injured under Typhoon Signal No. 8. The common ground of the parties is that the gig worker was considered an employee, and the employer owes a duty to take reasonable care for their safety, specifically the duty to provide a safe system of work. The issue at dispute was whether the employee, being off duty at the time of the accident, had to take full responsibility for his decision to continue riding his own motorcycle home under the extreme weather conditions prevailing at that time.
There is ongoing discussion and advocacy for new, gig-specific legislation and the creation of such an intermediary category to clarify rights and enhance labour protection for a growing gig economy workforce that currently lacks statutory benefits.
Mainland China
In Mainland China, platform workers are increasingly recognized as a "new form of employment" in government directives and guidelines. Specifically, the government has introduced an occupational injury protection pilot program to extend critical protections to workers in new forms of employment, including gig and platform workers. Launched in July 2022, the program currently covers over 12.3 million delivery riders, ride-hailing drivers, and other platform workers in several provincial-level regions and platform companies.
The government has also issued new guidelines requiring online platforms to ensure gig workers receive wages at least equal to the local minimum, opportunities for rest, and access to social insurance benefits. Delivery riders and other platform workers in some cities now enjoy full social insurance and housing provident fund coverage—significant steps towards formalizing rights for non-traditional workers.
Mainland courts have handled over 420,000 of labour disputes involving gig workers so far, reflecting both legal uncertainties and the drive toward more inclusive protections. Publicly available statistics suggest that workers in about 25% of the cases are able to assert their rights as employees.
Implications for Employers and Workers
Employers must review workplace arrangements and contracts, especially for part-time or flexible staff, to ensure compliance with new statutory thresholds in Hong Kong.
Companies and platforms engaging gig workers should carefully assess the actual working relationship, as misclassification risks substantial liabilities and potential retroactive obligations.
For platform workers in Mainland China, eligibility for social insurance and relevant benefits depends on the specific local implementation of national guidelines, with coverage now expanding in major cities.
The evolving regulatory landscape underscores the need for careful assessment and documentation of employment relationships, especially as flexible, gig, and platform work arrangements proliferate. Legal advice is recommended for navigating compliance and risk issues in cross-border or multi-jurisdictional scenarios.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
