Foreign labor Working in Hong Kong
Foreign labor Working in Hong Kong depends on Hong Kong government’s importation of foreign labor policy. Department of Employment establishes the foreign employment policy under the Employment Ordinance in 3 categories are as follows:
1.General Employment Policy (GEP)
General Employment Policy (GEP) is the employment of knowledgeable people or specialized expertise at a high level, Professionals or Investment as Entrepreneurs such as senior management of the organization, teachers, various experts which does not specify the proportion of employment. The employment contract is for a period of 2 years and able to renew the contract 3 years not over 6 years. The wage floating rate depends on the agreement between the employee and the employer.
2. The Supplementary Labour Scheme (SLS) Employment as Imported Workers.
The Supplementary Labour Scheme (SLS) is implemented in the HKSAR to handle applications for importation of labor at semi-skilled and skilled labor, such as positions in food and beverage, hotel and construction sectors. Administered by Labour Department, it allows employers with genuine difficulties in finding suitable employees locally to import workers from outside the HKSAR. Employers intending to import workers under the SLS need to apply to the Application Office of the Labour Department for approval-in-principle in the first place by Labour Advisory Board individually. Subject to the grant of approval-in-principle, an employer shall arrange for his/her prospective workers to submit a visa/entry permit application within the period specified in the approval-in-principle letter. the terms and conditions of employment are comparable to those in the local market. Employment is not more than 2 years. The worker will remain under the direct employment of the employer for a specific job and will not be contracted out to other companies or sub-contractors.
Labour Department determines the statutory minimum wage, such as cook is HK$ 16,130 per month and require employers to pay Levy tax to the Employee Retraining Fund of HK $ 400 per month per 1 foreign worker for training local workers. The courses offered will be diverse, covering local workers individually, establishment by individual or self-employed people, such as Personnel development projects, Training programs for general courses (such as Skill Enhancement courses, Additional skill courses and courses for youth) Entrepreneurship support programs, Online training projects etc.
3. Employment of Foreign Domestic Helper (E-FDH)
The Hong Kong government permits an unlimited number of foreign domestic helpers. The government has stipulated a standard employment contract. (Standard employment contract – ID 407) which has a period for 2 years per employment contract. The employment contract can be renewed for an unlimited number of times (more than two years of work experience as a domestic helper). Labour Department determines the statutory minimum wage annually. On 28 September 2019, for contracts signed on or after 28 September 2019, the minimum domestic helper salary is HK$4,630 per month. On top of this, domestic helpers are entitled to a food allowance of HK$1,121 per month or the employer must provide food.