LCQ22: Protecting digital platform workers
******************************************
Question:
The Chief Executive stated in the 2025 Policy Address that efforts would be made to improve the work injury compensation mechanism for digital platform workers by way of legislation. In this connection, will the Government inform this Council:
(1) of the progress of the legislative work for improving the work injury compensation mechanism for digital platform workers; the latest update of the authorities' consultation with relevant trade unions;
(2) whether it will require digital platform companies to provide work injury protection to digital platform workers at a level not less than the amount of compensation provided in the Employees' Compensation Ordinance (Cap. 282); if so, of the details; if not, whether the Government has explored other compensation options; and
(3) as it is learnt that over 10 000 digital platform workers in Hong Kong are currently engaged in delivery services for food and goods delivery digital platforms, and there are views that although there are "facts surrounding the employment" between the workers and the platform companies, the workers still accept orders as self-employed persons or freelancers, and are unable to fully enjoy statutory labour protection, resulting in the need for the court to determine whether an employment relationship exists between the two parties when disputes arise between them, whether the authorities will further consider affirming the presence of an employment relationship between platform companies and food delivery workers through legislation; if so, of the details; if not, the reasons for that?
Reply:
President,
As announced in the Chief Executive's 2025 Policy Address, the Government will improve the work injury compensation (WIC) mechanism for digital platform workers (DPWs) through legislation. The Government has established the Tripartite Committee for the Digital Platform Industry (Tripartite Committee), which comprises representatives from the Government, platform companies and labour organisations, to explore issues in relation to digital platform work and render opinions on the legislative work of the Government. In response to the Member's question, the reply is provided below:
(1) The Government plans to introduce new legislation to provide protection for DPWs who sustain injuries or die as a result of work. As the legislative proposal involves novel legal concept, the Government needs to fully consult relevant stakeholders. The Labour Department has since last October been collecting views from stakeholders on the major issues of the legislative framework through the Tripartite Committee meeting and held separate meetings with platform companies, labour organisations, the insurance sector and academics to further exchange views. The Government is taking forward the relevant law drafting work at full steam and aims to submit the legislative proposal to the Legislative Council within this year.
(2) As DPWs at present mainly engage in food and goods delivery work, the Government proposes focusing on the formulation of a WIC mechanism for the abovementioned DPWs and taking forward the matter in accordance with the following basic principles:
(i) The compensation mechanism shall provide clear legal foundation and certainty to the protection afforded to DPWs who sustain injuries or die as a result of work;
(ii) the coverage, items and details of compensation shall enhance the protection for DPWs while taking into consideration the affordability of platform companies, thereby facilitating the sustainable and stable development of the digital platform industry; and
(iii) the implementation arrangements should be simple, easy to understand and operate so as to minimise disputes over compensation.
The Government will make reference to the Employees' Compensation Ordinance (Cap. 282) and carefully consider views from stakeholders when formulating the relevant legislative framework.
(3) Digital platform service is a newly-developed economic operation model which changes rapidly. The relationship between a platform company and a DPW cannot be easily defined with reference to that of an ordinary employer-employee relationship. The Government's overriding mission at present is to take forward the legislative proposal at full steam to improve the WIC mechanism for DPWs for enhancing their protection. The Government will continue to make good use of the Tripartite Committee to explore other issues of platform work which are of common concern to the stakeholders.
Ends/Wednesday, January 21, 2026
Issued at HKT 11:38
Issued at HKT 11:38
NNNN