Posted by
RachRobin
18 yrs 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!
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dasia
18 yrs 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.
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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....
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dasia
18 yrs 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.
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Even so, if it states in your contract 'MPF will be provided' - can't we hold them to that agreement?
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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.
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dasia
18 yrs 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.
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