Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Contract characterisation
  • 2 Aug 2018

    WONG YUEN MING 對 JMM GREEN LTD

    Citation
    [2018] HKDC 892
    Court
    District Court
    Case number
    DCEC804/2016

    Despite the written label of an 'outsourcing contract', the objective facts (control by respondent, fixed hours and place, daily rate paid, provision of tools and machinery, inability to hire helpers, payment on labour holidays and other indicia) demonstrated an employment relationship; contractual labelling could not override the substantive reality, therefore respondent was the employer under the Employees' Compensation Ordinance and liable to pay the assessed compensation.