According to the laws of Hong Kong, all employers are required to have workers’ compensation insurance for any employee
- All employers in Hong Kong are required to take out workers’ compensation insurance in accordance with the law, regardless of the nature of the employee’s work, including full-time or part-time, permanent or casual work, as well as the number of hours worked and the length of the contract.
- According to section 40 of the Employees’ Compensation Ordinance, employers are required to take out workers’ compensation insurance to cover their obligations under the law. If the employer does not purchase labor insurance, it will be an offence.
- If an employer is convicted of failing to take out labour insurance, the maximum penalty is a fine of $100,000 and imprisonment for two years, and a surcharge to be paid to the Employees Compensation Assistance Fund Board. In addition, employers are still liable for legal liability arising from work-related injuries, deaths, or occupational diseases.
- The status of an employee is different from that of a judge or a self-employed person, and attention must be paid to distinguishing between them. Employees can enjoy the protection of workers’ compensation insurance, while judgment leaders or self-employed individuals need to consider taking out personal accident insurance with sufficient coverage on their own.
- If an employee suspects that the employer has not taken out the employee insurance policy or does not have a valid insurance policy, he/she may ask the employer for details of the insurance policy and report it to the Labour Department as soon as possible. The hotline is 2815 2200
- To distinguish between an employee and a judge or self-employed person, there are several factors to consider, such as work arrangement, control, tool provision, business liability, risk taking, etc. Before considering conversion to the status of a judge or a self-employed person, the employee should assess the possible loss of employment rights.
Labour Department
https://www.labour.gov.hk/tc/public/pdf/ecd/Know_more_about_taking_out_ECI_tc.pdf
Employers and employees should know
https://www.labour.gov.hk/tc/public/pdf/ecd/LD_No_Employees_Compensation_Insurance_chi_text.pdf
