Question:

Critically consider whether the current law (Hong Kong Law) regarding employment status meets the needs of the modern workforce for Uber (Or other organizations you are familiar with).

Tips:

Consider how an employer may avoid the legal obligations associated with employment status. The common law could be criticized. I stated several factors for employment status before -

(1) Control over work procedures, working time and method

(2) Ownership and provision of work equipment, tools and materials

(3) Whether the person is carrying on business on his own account with investment and management responsibilities

(4) Whether the person is properly regarded as part of the employers organization

(5) Whether the person is free to hire helpers to assist in the work

(6) Bearing of financial risk over business

(7) Responsibilities in insurance and tax

(8) Traditional structure and practices of the trade or profession concerned.

Could you based on the above factors justify whether the Hong Kong Law meets the modern workforce for Uber (for example zero-hour contract, insurance, taxes, employee protection)? It is appreciate if you can put some examples from other regions for comparison. Thank you!