[Hong Kong] Zeek couriers win employment status recognition

In Hong Kong, the delivery platform Zeek has been ordered to pay six of its employees their outstanding wages, payment in lieu of notice, annual leave and legal costs, following a Labour Tribunal ruling that the six couriers were employed by the delivery platform, HKFP reports.

Between them the workers were seeking wage arrears from HK$28,166 to HK$148,471, payment in lieu of notice ranging from HK$49,546 to HK$61,276, paid annual leave of HK$23,547 for one claimant, paid statutory holidays worth HK$29,792 plus HK$5,000 in legal costs for two claimants.

The ruling of the tribunal reportedly affirmed Zeek’s employment of the six and enabled them to enjoy legal labour protections, according to a statement issued On June 12 by the Hong Kong Christian Industrial Committee’s Riders’ Rights Concern Group.

The employment status dispute arose from the fact that gig workers, such as delivery riders for Zeek or Deliveroo, are classified as neither self-employed nor employed by the company under existing legislation but, ordinarily, such workers do not enjoy legal protection or benefits. The Concern Group described the working relationship as “between employment and self-employment.”

“The Labour Tribunal’s ruling affirms the employment relationship between Zeek and the six employees and enables the workers to enjoy legal labour protection. Moreover, the Tribunal’s understanding and interpretation of the relationship between platform companies and platform workers also make significant impacts about the rights of platform workers in Hong Kong,” the group’s statement read.

The ruling followed claims from the six workers, months ago, that they were owed more than HK$100,000. One worker stated that she had only been paid HK$4,000 over a two-month period.

The Concern Group reportedly cited four points considered by the tribunal that indicated an employment relationship between Zeek and the six claimants. These were: that Zeek’s platform program software, which serves as the most crucial part of the system, “enhances an employment relationship”; that the company exercises control over workers; that the company does not allow employees to delegate or subcontract work; and that workers’ pay depends on the volume of work.

In its statement, the Concern Group said that the tribunal’s understanding of the relationship between “platform companies” such as Zeek and gig workers “can serve as an important reference for the government in its legislation and policymaking.”

In addition, the group called on the HK government to accelerate legislation and policymaking in order to provide comprehensive legal protection to platform workers, including sick leave, paid leave, wage protection, compensation for work injuries as stipulated under the Employees Compensation Ordinance and protection under the Occupational Safety and Health Ordinance.

It also compared labour conditions for Hong Kong gig workers to a European Parliament resolution from February 2023 which designated all digital platform workers as full employees.

HKFP reportedly contacted Zeek for comment.

Source: HKFP

(Links and quotes via original reporting)

In Hong Kong, the delivery platform Zeek has been ordered to pay six of its employees their outstanding wages, payment in lieu of notice, annual leave and legal costs, following a Labour Tribunal ruling that the six couriers were employed by the delivery platform, HKFP reports.

Between them the workers were seeking wage arrears from HK$28,166 to HK$148,471, payment in lieu of notice ranging from HK$49,546 to HK$61,276, paid annual leave of HK$23,547 for one claimant, paid statutory holidays worth HK$29,792 plus HK$5,000 in legal costs for two claimants.

The ruling of the tribunal reportedly affirmed Zeek’s employment of the six and enabled them to enjoy legal labour protections, according to a statement issued On June 12 by the Hong Kong Christian Industrial Committee’s Riders’ Rights Concern Group.

The employment status dispute arose from the fact that gig workers, such as delivery riders for Zeek or Deliveroo, are classified as neither self-employed nor employed by the company under existing legislation but, ordinarily, such workers do not enjoy legal protection or benefits. The Concern Group described the working relationship as “between employment and self-employment.”

“The Labour Tribunal’s ruling affirms the employment relationship between Zeek and the six employees and enables the workers to enjoy legal labour protection. Moreover, the Tribunal’s understanding and interpretation of the relationship between platform companies and platform workers also make significant impacts about the rights of platform workers in Hong Kong,” the group’s statement read.

The ruling followed claims from the six workers, months ago, that they were owed more than HK$100,000. One worker stated that she had only been paid HK$4,000 over a two-month period.

The Concern Group reportedly cited four points considered by the tribunal that indicated an employment relationship between Zeek and the six claimants. These were: that Zeek’s platform program software, which serves as the most crucial part of the system, “enhances an employment relationship”; that the company exercises control over workers; that the company does not allow employees to delegate or subcontract work; and that workers’ pay depends on the volume of work.

In its statement, the Concern Group said that the tribunal’s understanding of the relationship between “platform companies” such as Zeek and gig workers “can serve as an important reference for the government in its legislation and policymaking.”

In addition, the group called on the HK government to accelerate legislation and policymaking in order to provide comprehensive legal protection to platform workers, including sick leave, paid leave, wage protection, compensation for work injuries as stipulated under the Employees Compensation Ordinance and protection under the Occupational Safety and Health Ordinance.

It also compared labour conditions for Hong Kong gig workers to a European Parliament resolution from February 2023 which designated all digital platform workers as full employees.

HKFP reportedly contacted Zeek for comment.

Source: HKFP

(Links and quotes via original reporting)