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Complaints Against Employers

Complaints Against Employers

MPFA’s roles and policies on handling complaints


Who we are

The Mandatory Provident Fund Schemes Authority (MPFA) is a statutory body established under the Mandatory Provident Fund Schemes Ordinance (MPFSO) (Chapter 485, Laws of Hong Kong) to regulate and supervise mandatory provident fund (MPF) schemes and occupational retirement schemes (ORSO schemes).

One of its core functions is to ensure the compliance with the MPF requirements under the MPFSO by employers, self-employed persons (SEPs) and scheme members.

The Member Protection & Services Division of MPFA is responsible for handling complaints against MPF employers, SEPs and scheme members.

We recognize the importance of complaints and regard them as opportunities to correct and deter non-compliance. We are committed to handling your complaint seriously and will deploy our resources effectively to follow up your case and protect your rights as a scheme member or employer.

What we can do

  • Investigate complaints against non-compliant employers, SEPs and scheme members; and
  • Pursue with the non-compliant employers and SEPs to rectify the non-compliances.

What we cannot do

  • Intervene or adjudicate labour disputes between employers and employees;
  • Make compensation to scheme members for irrecoverable default contributions;
  • Recover default voluntary contributions on behalf of scheme members; or
  • Act as your financial or legal adviser.
Notes on criminal prosecution:
  • MPFA’s role: The duty of MPFA is to conduct investigation and collect evidence. As the MPFSO does not give MPFA the power to prosecute, upon investigation and collection of evidence, MPFA will seek legal advice and make reference to the “Prosecution Code” of the Department of Justice to determine if a case meets the requirements for initiating criminal prosecution.
  • Complainant’s role: In a criminal proceeding, the complainant serves as a witness and helps provide evidence during investigation. Even if the complainant insists on initiating criminal prosecution, MPFA will seek legal advice and make reference to the “Prosecution Code” of the Department of Justice to determine if a case meets the requirements for initiating criminal prosecution.

What to do first if you have a complaint

If you suspect that your employer has not complied with the MPF requirements under the MPFSO, we suggest you to contact your employer and trustee first to verify the suspected non-compliance before filing a complaint with MPFA. Please refer to the list of trustees’ hotline numbers.

When to seek help

You may lodge a complaint with MPFA about the suspected non-compliance of your employer if:
  • The employer admits the non-compliance; or
  • The trustee confirms the non-compliance.

How do we handle your complaint

Upon receipt of your complaint, we will initiate investigation and approach you, the employer and trustee. Our focus will be on whether the employer has contravened the MPFSO. If the allegation is substantiated, we will require the employer to rectify the non-compliance immediately.

For default contribution cases, employer is also required to pay a surcharge which will be credited into the affected employee’s MPF account.

What is our response to your complaint

We endeavour to handle your complaint expeditiously, and upon investigation will inform you of our investigation result to conclude the handling of your case. However, we may not be able to provide you with all the details about our investigation because their disclosure may be subject to certain legal restrictions. For instance, there is a general prohibition in the MPFSO against the disclosure of information which we have obtained in the exercise or performance of our functions under the MPFSO. We may also be restrained from disclosing investigation details as it may adversely affect the administration of justice. Other grounds why such disclosure cannot be made include those set out under Part 2 of the Code on Access to Information of MPFA.

How to lodge a complaint with us

Hotline 2918 0102 (8:45 am to 5:45 pm on weekdays)
Mail Customer Services Department, Level 8, Tower 1, Kowloon Commerce Centre,
51 Kwai Cheong Road, Kwai Chung*
Fax 2259 8806
Email mpfa@mpfa.org.hk

Members of the public should lodge a complaint with us via the above channels which will offer greater convenience and save more time.

If there is any practical need (e.g. present documents) to visit the customer service counter of MPFA office in person, please call MPFA’s telephone enquiry hotline (2918 0102) to make appointment in advance. Visitors have to strictly follow the MPFA’s infection prevention guidelines during the visit.


Office Address Office Hours
Head Office Level 8, Tower 1, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung Weekdays:
8:45 am to 5:45 pm

Saturdays, Sundays and Public Holidays:
Closed
Hong Kong Island Office Room 1201 - 1207, Nan Fung Tower, 88 Connaught Road Central, Sheung Wan
Kowloon Office Level 25, Tower 1, Millennium City 1, 388 Kwun Tong Road, Kwun Tong



 
 



 


 


Announcement



* The MPFA will not accept underpaid mail which will be returned to the sender or disposed of by the Hongkong Post. Please affix sufficient postage.

Please note that messages sent via email may not be secure as they could be intercepted, corrupted or lost. You are strongly advised NOT to provide sensitive, personal or confidential data in your email, and you should consider sending your complaints by mail/fax or in person if the content involves such data.

If you would like to file a complaint in writing, you may fill in the Complaint Form below and return it to us by mail or fax, or submit it online. Our staff will contact you by phone upon receipt of your complaint to confirm the details.

Complaint against employers: download form

What information to provide when filing a complaint

To ensure your complaint is processed efficiently, please provide the following when filing a complaint to us:

  • Your personal particulars and contact details;
  • Your proof of identity (e.g. copy of Hong Kong Identity Card);
  • The details of the employer that you are complaining against, including name, address and contact details;
  • Your consent whether to disclose your identity as a complainant to your employer;
  • Your specific allegation(s) against the employer and details about your complaint; and
  • All relevant supporting documents (duplicates), e.g. employment contract or letter of appointment, salary slip or pay cheque, employer’s tax return, MPF membership certificate or notice of participation, benefit statement, etc.

  • Please provide your identity proof and contact details, without which we will still take your complaint but the following applies:

  • We will not discuss and disclose case progress and investigation results to you; and
  • Investigation of the complaint may be impaired.

  • If you would like to authorize someone to lodge a complaint on your behalf, you must submit a signed authorization form and the authorized person must provide his/her proof of identity and contact details to us.

    Authorization by affected person: download form

    While MPFA does accept complaints lodged by informants (i.e. persons who are not personally affected by the alleged non-compliance), we will not provide case progress and investigation results to the informants. Please note that we might not be able to take follow-up action if only limited information is provided.

    Personal Information Collection Statement

    Please read our Personal Information Collection Statement for Complaints before filing a complaint.

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