How to define myself as "employee" or "contractor or self-employed person"?
To avoid misunderstanding or dispute, the relevant persons should understand clearly their mode of cooperation according to their intention and clarify their identities, whether they are engaged as an employee or a contractor/self-employed person, before entering into a contract. This can safeguard mutual rights and benefits.
Employees should note
- An employee should identify who his employer is before entering into an employment contract.
- Before an employee considers changing his status to a contractor or self-employed person, he must cautiously assess the pros and cons involved, including the employment rights and benefits that he may lose in such a change.
- An employer should not unilaterally change the status of his employee to a contractor or self-employed person without the consent of the employee.
- A contractor or self-employed person should consider taking out a personal accident insurance policy with adequate coverage on his own.
There is no one single conclusive test to distinguish an “employee” from a “contractor or self-employed person”. In differentiating these two identities, all relevant factors of the case should be taken into account. Please visit Labour Department website for more details. And the actual circumstances in each case are different, the final interpretation will rest with the court in case of a dispute. For the reference court cases, please click here for more details.
If an employer fails to fulfil his obligations under the relevant legislation, the employee may call the Labour Department complaint hotline at 2815 2200 (information will be handled in confidence), or seek assistance in person at the offices of the Labour Relations Division of the Labour Department.
For further enquiries about the differences between an “employee” and a “contractor or selfemployed person”, you may
- Call the enquiry hotline: 2717 1771 (the hotline is handled by “1823”)
- Visit the offices of the Labour Relations Division of the Labour Department (Click here for the addresses of the Offices)