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MPF regulations to be toughened

October 18, 2017

The Mandatory Provident Fund Schemes Authority will study reforming the MPF regulatory regime to strengthen staff protection.

 

Secretary for Financial Services & the Treasury James Lau told legislators today the authority has been revisiting the issue of unreasonable staff dismissal after they complain about their employers for defaulting on MPF contributions.

 

It plans to liaise with the Labour Department to enforce the Employment Ordinance to deal with such cases, Mr Lau added.

 

To protect complainants, Mr Lau said the authority will not disclose the source of complaints or the complainants' identities to employers during the investigation process, unless consent is obtained from the complainants.

 

The authority will also follow up on anonymous complaints, he added.

 

According to the authority's records, there were 3,399 complaints against employers in 2016-17, while 3,695 and 3,834 were recorded in 2014-15 and 2015-16, with most of them involving default contribution, non-enrolment, failure to provide contribution records, failure to provide termination notices to trustees, and wrongful deduction of wages for MPF contribution purposes.

 

More than 400 prosecution summonses were issued each year from 2014 to 2017.

 

The authority recovered more than $130 million in MPF contributions on behalf of employees for each of the past three years.

 

Noting the number of complaints does not show an upward trend, Mr Lau said the authority will review policy and procedures regarding the investigation and prosecution of suspected default contribution cases from time to time.

 

The authority also meets with the Department of Justice regularly to crack down on non-compliant employers more effectively and provide better protection to complainants, he added.



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