7 Apr 2025法庭線#6658
戶戶送撤出｜逾萬外賣員被指自僱不獲遣散費 16人擬入稟勞審處申索 關注組促政府介入
Deliveroo, the food delivery platform that has operated in Hong Kong for nine years, formally exited the Hong Kong market on Tuesday afternoon (7th). More than 12,000 delivery riders are regarded as self-employed, and Deliveroo has not explained its severance arrangements. Sixteen affected riders sought help from the Labour Department last week to pursue severance pay, long service payments and other compensation, and plan to formally file claims with the Labour Tribunal in the middle of this month.
A delivery rider who had worked for more than five years said, “We are the ones on the frontline. We have to run deliveries whether it’s windy or raining... It [Deliveroo] doesn’t regard us as employees. I think that’s really unfair.” The rider also said an insurance claim for a work-related injury made last year had still not been processed, and would file a claim with the Labour Tribunal to recover medical expenses.
Riders' Rights Concern Group said the delivery riders planning to make claims had all worked for Deliveroo for at least one year and at least 18 hours a week, meeting the definition of an employee. The company’s control over the riders through its app and other means also reflected an actual employment relationship between the two parties. The concern group was also worried that if Deliveroo were wound up, the court might be unable to handle the relevant cases, and urged the government to intervene.
在香港營運 9 年的外賣平台戶戶送（Deliveroo），周二（7 日）下午正式撤出香港巿場，逾 1.2 萬名外賣員被視為自僱人士，戶戶送沒交代遣散安排。有 16 名受影響外賣員上周向勞工處求助，追討遣散費、長期服務金等賠償，將於本月中到勞資審裁處正式入稟申索。
有任職逾 5 年的外賣員稱，「我哋第一線出去，翻風落雨都要跑餐⋯⋯佢（戶戶送）唔當我哋係員工，我覺得呢個太唔公平囉」，另提到去年因工受傷申請的保險索償，至今亦未獲處理，將入稟勞審處追討醫藥費。
外賣員權益關注組指，擬申索的外賣員均為戶戶送工作至少 1 年，每周工作至少 18 小時，符合僱員定義，而公司透過應用程式等控制外賣員，反映雙方有實際的僱傭關係。關注組另擔心，一旦戶戶送清盤，法庭或無法處理相關個案，促請政府介入。
2 Jan 2025獨媒#4381
工傷致殘 拒被當自僱「用完即棄」 外賣員入稟向兩大平台索償
As the new year began, many people went out to celebrate. But for delivery rider Ah Jun, who suffered a serious accident while working, every step he takes after surgery while relying on crutches is extremely difficult. In December 2022, Ah Jun was knocked unconscious after colliding with a lamp post while making a delivery. He underwent brain surgery and was diagnosed with permanent disability. His eyesight and hearing were both impaired, and the left side of his body remains difficult to move.
踏入新一年，不少人會外出慶祝，但對工作期間發生嚴重意外的外賣員阿俊而言，術後撐著拐杖走的每一步都倍感吃力。2022年12月，阿俊在送餐工作期間撞到燈柱昏迷，需接受開腦手術，被診斷為永久傷殘，視力聽力均受損，至今左邊手腳行動不便。
28 Sept 2023法庭線#8423
Zeek被追薪｜送餐車手索償逾1.9萬元勝訴 官指Zeek對工作有實際控制權
The operating company of online logistics platform Zeek has again faced a claim for unpaid wages. After a trial, acting Labour Tribunal adjudicator Chi Ling Ng issued a written judgment on Thursday (28th), ruling in favour of a food delivery rider who had claimed more than HK$19,000 and awarding costs.
The judgment said the claimant worked shifts, while Zeek had established work rules and closely monitored work performance and arranged rest periods through a mobile app. Disciplinary action could be taken if he breached the rules, reflecting that Zeek had actual control over his work. The mobile app invested in and controlled by Zeek was an important tool, and the claimant was “more like an employee using the company’s software”.
The judgment also said Zeek’s publicity claimed that its delivery workers were free to accept orders, but this was not the case because the claimant could not find a substitute to help complete orders and could not negotiate the service fees. The adjudicator ultimately ruled that an employment relationship existed between Zeek’s operating company and the claimant.
網上物流平台 Zeek 的營運公司，再被入稟追討欠薪，一名送餐車手索償逾 1.9 萬元，案件經審訊後，暫委勞資審裁官吳芷玲周四（28 日）頒布書面判決，裁定車手勝訴兼獲訟費。
判詞指，申索人為輪更工作，而 Zeek 訂立了工作守則，並以手機 App 緊密監控工作表現及安排休息時間，如他違反紀律將受懲處，反映 Zeek 對其工作有實際控制權，而由 Zeek 投資及控制的手機 App 為重要工具，申索人「更像是使用該公司軟件的僱員」。
判詞又指，據 Zeek 的宣傳，其配送員可自由接單，但這並非事實，因申索人無法找替工助他完成訂單，亦不可協商服務費；官最後裁定，Zeek 的營運公司與申索人為僱傭關係。
22 Sept 2023法庭線#8400
Zeek被追薪 兩送貨員申索逾7萬元勝訴 公司方續缺席聆訊
The operating company of online logistics platform Zeek (Zebra) has again faced claims for unpaid wages. Two delivery workers each claimed more than $70,000. The two cases were heard at the Labour Tribunal on Friday (22nd), with no company representative present.
The adjudicator ruled in favour of the delivery worker in the first case and ordered the company to pay more than $30,000 in unpaid wages. In the other case, involving a truck driver, the adjudicator said the company had “submitted no defence documents and did not even attend the hearing”. The driver was also ruled to have been in an employment relationship with the company and to have won the case, with the company ordered to pay more than $30,000 in unpaid wages.
網上物流平台 Zeek（斑馬）的營運公司，再被入稟追討欠薪。兩名送貨員分別索償逾 7 萬元，兩案周五（22 日）在勞資審裁處聆訊，公司代表缺席。
審裁官裁定首案送貨員勝訴，公司須賠償逾 3 萬元欠薪。至於另一案的貨車司機，審裁官稱公司「沒有呈交任何辯護文件，甚至沒有出席聆訊」，裁定司機勝訴，與公司存僱傭關係，公司須賠償逾 3 萬元欠薪。
12 Sept 2023法庭線#8358
Zeek被追薪｜貨車司機索償逾44萬元勝訴 官裁定存僱傭關係 資方另須賠訟費
The operator of online logistics platform Zeek (Zebra) has again faced a claim for unpaid wages. A truck driver sought more than HK$440,000 in unpaid wages, payment in lieu of notice, severance pay and paid holidays, with the case continuing at the Labour Tribunal on Tuesday (12th). The company’s representative remained absent from the hearing.
Acting adjudicator Chi Ling Ng said that, after considering the claimant’s testimony and the documents he submitted, the tribunal found that an employment relationship existed between the claimant and the respondent. All claims in the case were allowed, and the respondent was also ordered to pay HK$6,000 in legal costs.
The claimant testified in court on Monday that he had delivered goods for “SF Smart Lockers” before being assigned to work for “Zebra at Home”. He continued his testimony on Tuesday, saying that when he delivered goods for the former, he was also paid by Zeek’s operating company.
網上物流平台 Zeek（斑馬）的營運公司，再被入稟追討欠薪。一名貨車司機索償逾 44 萬元欠薪、代通知金、遣散費及有薪假期等，案件周二（12 日）於勞資審裁處續審。公司代表續缺席聆訊。
暫委審裁官吳芷玲指，考慮申索人證供及其提交的文件後，裁定申索人與被告存僱傭關係，本案所有申索得直，並下令被告另須賠償訟費 6,000 元。
申索人周一於庭上供稱，曾為「順豐智能櫃」送貨，後被安排調至「斑馬到家」工作。他周二續供稱，為前者送貨時亦是由斑馬的營運公司支薪。
11 Jul 2023法庭線#7962
「Zeek」案首確立平台與送貨司機僱傭關係 翻查3大外賣平台資料 皆視外賣員為自僱
Since the COVID-19 pandemic, online logistics and food-delivery platforms have flourished, with foodpanda, Deliveroo and KeeTa (Meituan) entering Hong Kong. A review of website and other information found that the three food-delivery platforms respectively referred to couriers as a “self-employed delivery group”, “self-employed suppliers” and participants in a “new self-employed delivery group scheme”.
The Labour Tribunal earlier ruled that logistics platform Zeek had an employment relationship with six delivery drivers, and ordered the company to pay severance pay, unpaid wages and other sums. A member of Riders' Rights Concern Group, Tak Ching Mak, said the case was the first ruling concerning platform workers and had significant reference value. One rider said work-related accidents occurred frequently, but workers had no labour protection, and urged the industry’s “bogus self-employment” problem to be addressed.
In response to inquiries from The Witness, foodpanda said it had always regarded delivery partners as indispensable partners, actively responded to their views and studied ways to make improvements. Deliveroo and KeeTa had not responded by press time. The Labour Department said it attached great importance to the issue of digital platforms; in addition to studying relevant policies overseas, it was also attempting to collect data on platform workers.
疫情至今，網上物流及外賣平台大行其道， foodpanda、Deliveroo、KeeTa（美團）等進駐香港。翻查網站等資料，3 個外賣平台分別提及外賣員為「自僱送遞團體」、「自僱形式供應商」及提供「全新送遞團體自僱計劃」。
勞資審裁處早前裁定物流平台「Zeek」與 6 名送貨司機為僱傭關係，公司須賠償遣散費、欠薪等。「外賣員權益關注組」成員麥德正指，該案為首宗針對平台勞工的裁決，具重大參考價值。有車手則指，工作意外頻生，卻沒勞工保障，促請正視業內「假自僱」問題。
foodpanda 回覆《法庭線》查詢指，一直視送遞團體為不可或缺的夥伴，積極回應他們的意見，研究改善方案。Deliveroo 及 KeeTa 於截稿前未有回覆。勞工處則指，十分重視數碼平台議題，除了研究外地相關政策，亦正嘗試收集平台工作者的數據。
11 Jul 2023法庭線#7963
物流平台「Zeek」司機追薪勝訴 首案確立僱傭關係 關注組：僱主曾提官「你小心啲判」
In August 2021, amid the pandemic in Hong Kong, a woman in her 30s, identified by the pseudonym “表姐”, found a relatively well-paid job as a fixed-route driver for logistics platform Zeek. She delivered goods around the city for 12 to 14 hours a day and earned $60,000 to $70,000 a month. It was only after her wages were withheld last year that she discovered she was considered “self-employed”, despite wearing a uniform and making deliveries every day.
She said she had entered the industry “to make money”, had not signed a contract and had not considered labour protections. After her wages were withheld, she met an officer from the Labour Department, “did her homework” and appeared in court. This year, a Labour Tribunal adjudicator ruled in her favour in Hong Kong’s first case establishing an employment relationship between a logistics platform and a driver. The court ordered the employer to pay more than $190,000, but she said she had not received a single cent to date.
“After all this time, it turns out [the employer] doesn’t have to pay compensation out of its own pocket ... and the Protection of Wages on Insolvency Fund won’t pay the full amount,” she said with a bitter smile. She said delivery drivers generally had “insufficient education and awareness”. Although the employer had not been made legally liable, she still hoped the victory would help drivers across the industry secure statutory employee rights and protections, such as annual leave.
A member of Riders' Rights Concern Group, Tak Ching Mak, said “bogus self-employment” was common in the industry. This was reflected in what the employer told the adjudicator in court in the present case: “Your ruling will have a major impact on the entire industry, so be careful how you rule.” The member said more than 100 Zeek drivers were still pursuing unpaid wages, and believed the case had “significant reference value” for the operations of other food-delivery and logistics platforms.
2021 年 8 月疫情籠罩香港，不少人「為兩餐」煩惱，30 多歲的表姐（化名）卻找到了一份較高薪工作 —— 物流平台「Zeek」的定線司機。她每日做 12 至 14 小時四圍送貨，月入 6 至 7 萬元。直至去年被拖糧，才發現每天穿起制服派件的自己，原來是「自僱人士」。
她坦言當初入行「為搵錢」、沒簽合約，亦沒想過勞工保障。被拖糧後，她約見勞工處主任、「做足功課」上庭，今年獲勞資審裁官裁定勝訴，是本港首宗確立物流平台與司機為僱傭關係的案件。法庭裁定僱主須賠逾 19 萬元，不過表姐指至今沒收到一分錢。
「搞咗咁耐，原來佢又唔係自己扲荷包賠錢 ... 破欠（基金）又攞唔足」，表姐苦笑，她指送貨司機這行業「學歷、認知唔夠」，雖然僱主沒法律責任「上身」，仍盼今次勝訴能為整體同行爭取到年假等法定僱員權利和保障。
「外賣員權益關注組」成員麥德正指，「假自僱」於行內常見，正如本案僱主在庭上向審裁官所指，「你個判決係好影響成個行業㗎，你小心啲判啊」。他透露，現時仍有逾百名「Zeek」司機正追薪，又認為本案對其他外賣或物流平台的營運有「重大參考價值」。
11 Jul 2023獨媒#7966
百宗追薪案待訊 Zeek管理公司遭清盤 代表曾言「無錢」
Some “fixed-route drivers” in Zeek wage claims have won their cases, but whether they can receive full compensation remains unknown. According to court records, Kin Shun Information Technology Management Limited, one of the companies named as defendants in the unpaid-wages cases, has been served with a winding-up petition filed by another company. The case is scheduled for a hearing on July 19. Tak Ching Mak, an officer of the Christian Industrial Committee, said 30 Zeek drivers had sought assistance, and around 100 Zeek-related hearings are currently scheduled.
Zeek追薪案有「定線司機」獲判勝訴，不過可否拿足賠償，仍是未知數。根據法庭資料，欠薪案被告公司之一「建順資訊科技管理有限公司」被另一公司入稟申請清盤，案件排期在7月19日聆訊。基督教工業委員會幹事麥德正透露，有30名Zeek的司機求助，現時約有100宗與Zeek的聆訊正在排期。
24 Jul 2022獨媒#2258
程展緯向勞工處舉報 稱簽約時要求副本被拒 清潔外判商被罰款二千
Luke Ching Chin Wai, who joined an outsourced cleaning job with MTR last September, complained to the Labour Department that they were not given a copy of the contract when signing it. The outsourcing company was charged with contravening the Employment Ordinance, convicted earlier and fined $2,000. Luke Ching Chin Wai said it was common for grassroots workers not to receive copies of their employment contracts, but that the process of bringing a complaint was difficult and beyond what ordinary workers could manage. They also said the fine lacked deterrent effect.
去年9月入職港鐵外判清潔工的程展緯，向勞工處投訴簽約時未獲發合約副本。該外判公司被控違反《僱傭條例》，早前裁定罪成，罰款二千元。程展緯嘆，基層工友不獲發工作合約副本的情況普遍，但提告的過程不容易，一般工友難以應付；他又指罰款欠缺阻嚇性
Translations are supplied by the source workbook. Consult the original reporting for context.
