Hong Kong’s Chief Executive, CY Leung, recently issued his final annual policy address and gave important news to employers. He outlined a proposal to change Hong Kong’s employment termination payments and the pension offset mechanism that allows employers to reduce payments to outgoing staff.
MPF in Hong Kong
Mandatory Provident Fund (MPF) was introduced in 2000 as a compulsory contribution scheme for all Hong Kong employees, with a few narrow exceptions. It requires the employee and employer to make contributions of 5 percent of relevant income into a recognised MPF scheme, up to a maximum of HK$1,500 each for the employer and employee.
It is possible to make additional voluntary contributions, but many contribute only the mandatory amount and so it is not a particularly generous pension arrangement.
Whilst in most countries employee pension funds are highly protected from reduction or interference, it has not been so in Hong Kong. In certain circumstances on termination, an employee may be entitled to a statutory Severance Payment (SP) on redundancy, or Long Service Payment (LSP) on dismissal with more than 5 years’ service, in accordance with the Employment Ordinance (EO).
By law, employers have had the right to offset the SP/LSP against the accrued MPF benefits that derive from the employer’s contributions to the employee’s fund. Having had to explain this concept to many non-Hong Kong clients, it is generally received with amazement; the typical reaction goes something like this: “you mean we can take money out of the employee’s pension fund to pay for their redundancy payment?” It is estimated that in 2015 alone, HK$3.3 billion was offset.
The offset has long been the subject of debate between trade unions and employee rights groups vs. employer groups and the general business community in Hong Kong, the former lobbying for abolishment and the latter for retention.
See: Growing Dissatisfaction among MPF Providers in Hong Kong
The Government has clearly sought to strike a balance. On the one hand, the employee groups have won: the right to offset will gradually be abolished. It will not, however, take full effect for some time. On the other hand, SP and LSP will be reduced, a change which employers will welcome.
Here are three key points to the Chief Executive’s proposal:
Like any such change, the devil is in the details and we look forward to following the LegCo debates and analysing the draft legislation in due course.
If the change does not have retrospective effect for all previous MPF contributions, there is concern that some employers will dismiss employees before the implementation date in order to ensure that the full offset is available to them.
Whilst it is disappointing for employees that their statutory SP and LSP pay-outs may be less than under the current law, if the proposal is enacted, at least they will have the right to keep both their pay-out and their pension for the first time.
Also read: False Claims Made for Early Withdrawal of MPF Benefits is a Criminal Offense in Hong Kong
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