MPFA launches defaulting-employer blacklist: 2,300 employers named over five years

The MPF default contributions blacklist, Ming Pao edition: the MPFA has launched an online search platform listing employers that breached the MPF ordinance over the past five years — more than 2,300 names in total, including 500 criminal convictions and 3,258 civil judgments or awards. The public can search by company name, business registration number, judgment date and breach details.

Who are the repeat offenders?

One farm chased 20 times for HK$860,000 in arrears. Sixteen employers have repeat-offence records. Wah Tai Farm, prosecuted three times, was chased for MPF arrears 20 times in five years involving HK$860,000. Three other employers were also prosecuted three times: freight forwarder Loyal Way, Sing Pao newspaper management, and Well-Union Hong Kong — Well-Union has seven arrears-chasing records, while Sing Pao twice defaulted on contributions involving HK$2.45 million. Another 12 employers were prosecuted twice.

Why publish the list?

Stronger deterrence, so jobseekers can check before they sign. MPFA chief operating officer (enforcement) Cynthia Yu said the “records of non-compliant employers and officers” aim to deter breaches: jobseekers can check a prospective employer’s record before joining, and the government can factor bidders’ track records into tender decisions. Records are removed after five years with no fresh breach; reoffenders go into a “repeat violators” section.

Will directors be named?

Yes — for cases decided from 23 May 2011. From that date, the names of directors and senior officers in new convictions are published. In two fresh cases: a senior officer of Digital Arts was fined HK$22,000 in Kwun Tong Magistrates’ Court for failing to enrol one employee between January and November 2010, and a cleaning company was fined HK$36,000 for missing contributions from September 2009 to July 2010. Both are now on the register with names disclosed.

How tough is enforcement?

2,594 summonses applied for in 2010/11, up 130% year on year. The MPFA’s summons applications for contribution defaults and failure to enrol employees rose sharply, signalling tighter enforcement of MPF employer obligations in Hong Kong.

To learn more about protecting your MPF rights, visit MPF fund comparison.