Wage-arrears case: do the self-employed need MPF?

Tang Tak-hai, once dubbed the “gold-medal producer”, was prosecuted by the Labour Department over alleged wage arrears while producing the ATV drama “The Gatekeepers” in 2008. The magistrate ruled six summonses involved no employment relationship and found no prima facie case; Tang had admitted two summonses and was fined HK$4,000.

Why did six summonses fail?

Because the workers were self-employed, not employees. The magistrate noted they received no overtime pay and were not paid by working hours; their contracts stated self-employed status — no MPF contributions required, no paid leave, no employee benefits. With no employment relationship, the wage claims collapsed.

What about MPF for the self-employed?

The self-employed are not subject to mandatory contributions but may join MPF schemes voluntarily to save for retirement. The case neatly illustrated the legal divide: employees are protected by the Employment and MPF Ordinances with mandatory employer contributions; the self-employed must plan their own retirement.

Employed or self-employed, retirement saving is ultimately your own responsibility. For MPF options for the self-employed, see the MPF education hub.