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The Mandatory Provident Fund Schemes Authority (MPFA) today (January 17) convened a second tri-partite meeting with representatives from labour unions and the Labour Department to exchange views on issues relating to the implementation of MPF.

At the meeting, MPFA’s Executive Director (Member Protection), Mr Ernest Lee, gave a brief on the investigation status of the 38 complaint cases referred by labour unions.

He said the MPFA had conducted comprehensive investigations into all the 38 complaint cases.  One of the cases could not be pursued as there was no sufficient information available while 18 cases were not substantiated. 

“These 18 cases were found unsubstantiated after our thorough investigations.  In some cases, the allegations were unfound.  In some of the others, employers concerned had completed their enrolment work before or during our investigation process.  Still others were found to be caused by misunderstanding between employers and employees,” said Mr Lee.

Among the remaining 19 cases which are still under investigation, some may constitute a breach of the MPF Ordinance.  Mr Lee said: “If employers have not enrolled their employees in MPF schemes before the end of the permitted period on January 29 or if they do not make contributions before the first contribution date (February 10), we may seek legal advice to decide whether prosecution will be made.”

He urged employers to enroll their employees in MPF schemes as soon as possible and make contributions as required, or they might risk violating the law.

Mr Lee reiterated that the MPFA would continue to work closely with labour unions and the Labour Department to protect employees’ rights. 

Meanwhile, the Labour Department and the MPFA have been conducting joint inspections each week to ensure that employers fulfill their statutory obligations under both the MPF and employment legislation.  Both parties have also published leaflets on employees’ rights under the MPF System for distribution to employers and employees.

Mrs Jennie Chor, Assistant Commissioner of Labour, stressed that the employer-employee relationship cannot be revoked simply by a unilateral contract imposed by the employer.  An employer cannot shirk his responsibilities of providing labour insurance coverage, long service payment and employers contribution under the MPF System, by calling his employee a self-employed person.  The leaflets will provide employees with more information on this subject,” she added.

Also attending today’s meeting were Ms Cheung Lai-ha, Vice Chairperson of Hong Kong Confederation of Trade Unions; Mr Choi Chun-wa, Chairman of Hong Kong Construction Industry Employees General Union and Mr Chan Wai-lun, Vice Chairman of The Federation of Hong Kong & Kowloon Labour Unions.

– Ends –

17 January 2001