Eligibility for Application?
How many Labour quotas I can apply? What is the period of validity?
What are the medical arrangements for imported workers?
Is it necessary for imported labourers to undergo medical check-ups?
The Labour Department does not mandate medical check-ups for imported workers, allowing employers to decide based on your business needs.
Is it mandatory for imported workers to join the MPF Scheme?
Not necessarily.
According to information available, persons who are permitted to enter Hong Kong for employment in accordance with section 11 of the Immigration Ordinance are those who
- have been permitted to remain in Hong Kong for a period not exceeding 13 months, or
- those who are members of a retirement scheme in their place of residence.
They are exempted from the requirement to join an MPF scheme.
What are the accommodation arrangements/charges for imported workers?
Generally speaking, employers are required to arrange accommodation for their employees. If an accommodation charge is applied, it’s designed to be fair and affordable, set at the lower of either:
• The actual cost of the accommodation,
or
• 10% of the employee’s salary.
This requirement and wage deduction do not apply if the imported worker resides at their place of residence in the Mainland.
In addition, if the employer provides meals, no meal charges can be levied.
Can employers use shared rooms as accommodation for imported workers?
Yes.
However, employers are required to comply with the following accommodation standards:
- Each worker must occupy a minimum net usable floor area of 3.4 square metres (about 36 square feet).
- Toilet, bathing and cooking facilities
- Electricity and water supply
- Basic furniture, appliances and materials, including bed, blankets, pillows, electric fan, refrigerator
- Sleeping rooms must be separated from the lounge/dining room.
- No more than six beds per bedroom.
Can the employer apply for several workplaces at the same time?
Yes.
Employers may simplify their hiring process by filling in the application form with several different workplaces and specify the number of labours required for each workplace in one go.
What is the maximum contract period for imported labour? Will the contract be automatically renewed upon expiry?
The maximum contract period is 24 months.
The contract cannot be renewed automatically upon expiry and a new application must be submitted to the Labour Department.
What should I do if I want to terminate the contract of the imported worker who is not suitable to work in Hong Kong?
To terminate an imported worker’s contract, employers must submit completed termination notices to both the Labour Department and the Immigration Department:
• With Prior Notice: Send or fax the notices at least seven days before the contract termination date.
• Without Prior Notice: Submit the notices within one working day after the contract is terminated.