【勞工法例-僱傭條例"強制性公積金計劃與僱員福利"常見問題】僱主可否因強積金計劃的推行，要求僱員重新簽約為「自僱人士」以減少僱員在《僱傭條例》及其他勞工法例下的權益 (re-engage em

僱主不應藉強積金計劃的推行，單方面將他的僱員轉為「自僱人士」。在普通法下，僱員若因僱主的行為而使合約有實質和根本上的改變，該等改變未得僱員同意並對僱員造成不利，僱員可視為遭變相解僱及向僱主追討解僱補償。在《僱傭條例》下，若該僱員已按連續性合約受僱兩年或以上，更可向僱主追討不合理解僱的補償。就僱員而言，他必須留意《僱傭條例》只適用於根據僱傭合約受聘的僱員及其僱主。如僱員被要求重新簽署合約變成「自僱人士」，他必須非常審慎評估所涉及的風險，因為他可能因此喪失在《僱傭條例》（及其他勞工法例包括《僱員補償條例》）下作為僱員的權益。不過，若實際上雙方仍維持僱傭關係，僱員即使被改稱為「自僱人士」，法庭仍可根據案件實情以判定他仍是僱員身份及繼續享有《僱傭條例》（及其他勞工法例）下的各項權益。 

​An employer should not unilaterally change the status of his employee to a self-employed person in face of the implementation of the Mandatory Provident Fund Schemes. Under common law, if substantial and fundamental changes to the detriment of the employee have been made to the contract of employment arising from the employer's conduct without the employee's consent, an employee can claim for termination compensation from his employer on the ground of constructive dismissal. An aggrieved employee with two years' service under a continuous contract may also claim remedies for unreasonable dismissal against his employer under the Employment Ordinance.  For the employee, it is important for him to note that the Employment Ordinance only applies to employees engaged under a contract of employment and their employers.  He should therefore carefully assess the risks involved if he is requested to be re-engaged under a contract for service, since his rights as an employee under the Employment Ordinance (and other labour legislation such as the Employees?Compensation Ordinance) may then be extinguished. However, if there remains in essence an employer-employee relationship, then subject to the court's ruling on the actual circumstances of the case, he may still be considered to be an employee and still be entitled to the benefits under the Employment Ordinance (and other labour legislation), though he has been labelled as a self-employed person.

https://www.labour.gov.hk/tc/faq/cap57m_whole.htm