MPF default contributions: how to report an employer who skips payments

This article is a rewrite of a report from February 2012.

You work in a fashion shop and discover your employer has not made MPF contributions for months — but you fear losing your job if you complain. There is no need to suffer in silence: the MPFA accepts anonymous complaints. Here is how the process works, how anonymous and named complaints differ, and what penalties offending employers face.

What should you do if you suspect MPF default contributions?

Complain to the MPFA immediately: whether named or anonymous, the authority will gather evidence, requesting records from the employer, the employee and the trustee to verify the complaint; if substantiated, it will demand the employer settle the arrears promptly or pursue recovery for you through civil proceedings. Do not stay silent for fear of losing your job — your retirement rights are at stake.

How do anonymous and named complaints differ?

Named complaints generally help evidence-gathering and investigation, and the MPFA can inform you of the outcome; criminal prosecution usually requires the employee to testify in court, which is difficult to arrange when the complaint is anonymous. If exposure is not a concern, a named complaint works better.

What penalties do offending employers face?

Failing to enrol employees or defaulting on contributions carries up to HK$350,000 in fines and three years’ imprisonment; where the employer has deducted contributions from wages but failed to pay them over, the maximum rises to HK$450,000 and four years’ jail.

How can you check whether your employer is paying on time?

Call the MPFA’s contribution enquiry hotline on 183 3030 to be connected to your trustee’s hotline and check the past three months’ payments; the MPFA hotline is 2918 0102, and its website carries a register of offending employers and officers you can search. Checking your account regularly is the first step to protecting yourself.