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Employer Fined HK$5,000 over MPF Default Contributions

2010-11-10
Marcus Tang

An engineering company employer convicted of breaching the Mandatory Provident Fund Schemes Ordinance was fined HK$5,000 at Kwun Tong Magistrates’ Courts for failing to keep an employee enrolled in a registered scheme throughout the employment. Separately, the District Court ordered three company employers to pay about HK$370,000 in MPF default contributions owed to 20 workers.

What did the employers do wrong?

One failed to enrol a worker at all; the others left contributions unpaid. The law requires employers to enrol employees aged 18–64 employed for at least 60 days, and to contribute on time. The engineering employer did neither for the whole employment period and was prosecuted by the MPFA. The three companies were chronic defaulters, now ordered to make good about HK$370,000 owed to 20 staff.

How heavy are the penalties for MPF default contributions?

Fines plus jail — not just a slap on the wrist. Employers who fail to enrol workers or default on contributions face up to HK$350,000 in fines and three years’ imprisonment. The HK$5,000 fine reflects one case’s sentencing, not leniency in the law. Employers should not gamble that defaults carry no consequences.

How can employees protect themselves?

Check contribution records regularly and report suspicions promptly. Staff can inspect employer-issued contribution records, or verify their accounts via trustees’ phone, online, ATM, annual benefit statement and service-centre channels — or call the 183 3030 contribution hotline to check whether the employer paid in the last three months. Suspected non-enrolment or defaults can be reported to the MPFA at 2918 0102.

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