Non existent MPF

Posted by RachRobin (247 days ago)

Hi,

My husband has worked for a HK company on a contract for the past 6 months.

In his contract, it states that 'MPF will be provided'

He has not at any time received any info on this, filled out any forms etc. so we are assuming this MPF is currently non existent.

Before he goes to his employer (who in our opinion is pretty dodgy, and extremely disorganised) we just want to know where things stand legally, and how the MPF works.

Does the MPF get taken out of his pay, or it is paid by the employer on top of his wage?

Is he entitled to be back-paid the MPF that should have been started 6 months ago?

Thanks in advance for any advice!

(I am based in Hong Kong)

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Posted by Marlboro (246 days ago)

The employer and employee has to contribute 5%. Check your hubby wage slip there should be 5% deducted from his salary. if not, call up the MPF and they will make sure the company will pay the outstanding amount very quick as they very serious about it.

(I am based in Hong Kong)

Posted by dasia (244 days ago)

For Expats the usual practice is to commence contributions on the 13th month of employment by both employee and employer. Each case is different though - my employer commenced my contributions on the 3rd month as did I but other Expat staff have not joined until the 13th month.

(I am based in Hong Kong)

Posted by Marlboro (243 days ago)

dasia

There is no usual practice as we are talking about a mandatory scheme. You are escempt from contribution when your employment contract is 13 month or less. If your employment contract is longer the 1st contribution must be made at the 3rd month of employment.

(I am based in Hong Kong)

Posted by RachRobin (243 days ago)

Thankyou for the advice.
My husband is on a 2 year contract, his work visa was only originally granted for 3 months (we assumed this was just to cover the probation clause in the contract) and he has since been granted a 12 month visa starting at the end of the 3 month original visa.
So I think it is safe to assume he should expect that the MPF should be applied to him....

(I am based in Hong Kong)

Posted by dasia (243 days ago)

To quote from the FAQ at the MPF website:

I have hired a few overseas employees to work for me. Do I need to enroll these expatriates in MPF schemes?

Answer: If the period during which your expatriate employees is given permission to land or remain in Hong Kong for employment purposes does not exceed 13 months, or if the expatriate employees are members of a provident, pension, retirement or superannuation scheme run in a jurisdiction outside Hong Kong, they are exempted from the MPF Schemes Ordinance and do not need to join an MPF scheme.

(I am based in Hong Kong)

Posted by RachRobin (243 days ago)

Even so, if it states in your contract 'MPF will be provided' - can't we hold them to that agreement?

(I am based in Hong Kong)

Posted by prone_to_wander (241 days ago)

My employer had told me they won't pay into the MPF for me even though it says they would in my contract. They'll start in 13 months. sigh. good luck.

(I am based in Hong Kong)

Posted by dasia (230 days ago)

I met today with Fund Managers and was told that for Expats on a work permit it is not mandatory to commence MPF payments until 13th month of employment.

(I am based in Hong Kong)