Under the Employees' Compensation Ordinance, an employer is liable to pay compensation to an employee who sustains an injury or dies as a result of an accident arising out of, or occurring in the course of, his/her employment. The employer may also be liable to pay compensation in accordance with the common law if the work-related injuries or fatalities can be attributed to his/her fault or negligence. The Ordinance compulsorily requires all employers to hold valid employees' compensation insurance to cover liability for compensation. If an employer fails to comply with the Ordinance, he/she is liable, on conviction, to a maximum fine of HK$100,000 and imprisonment for two years.
For the above reasons, employers are required to take out an insurance policy to cover their liability for any work-related injury or fatality incurred by their employee(s), including the Smart Helpers, irrespective of the mode of employment. For enquiries, please contact the Labour Department on 2717 1771. |