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Complaints Against Employers
MPFA’s roles and policies on handling complaints
Roles of MPFA
MPFA is a statutory body responsible for the regulation and supervision of MPF schemes and occupational retirement schemes. One of its functions is to ensure that employers, self-employed persons (SEPs) and scheme members comply with the MPFSO.
The Member Protection and Services Division of MPFA is responsible for handling complaints against MPF employers, SEPs and scheme members.
What MPFA can do
- investigate complaints against non-compliant employers, SEPs and scheme members;
- require non-compliant employers and SEPs to rectify non-compliances; and
- take appropriate enforcement measures to protect the rights and interests of scheme members.
What MPFA cannot and will not do
- intervene or arbitrate in labour disputes between employers and employees;
- compensate scheme members for irrecoverable default contributions;
- recover default voluntary contributions on behalf of scheme members; or
- act as a financial or legal adviser.
Notes on criminal prosecution
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MPFA is not vested with the power to initiate criminal prosecution. After investigation and collection of evidence, MPFA will seek legal advice and determine whether the evidence of the case is sufficient to support prosecution in accordance with the Prosecution Code of the Department of Justice.
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Complainants serve as prosecution witnesses and help provide evidence during investigation. Even if the complainants request MPFA to initiate prosecution, MPFA will seek legal advice and determine whether the evidence of the case is sufficient to support prosecution in accordance with the Prosecution Code of the Department of Justice.
When to file a complaint
A complaint about an employer's suspected non-compliance can be filed with MPFA if:
- The employer admits to the non-compliance; or
- the MPF trustee* confirms the employer's non-compliance.
If employees suspect that their employer has not complied with the MPFSO, they should contact their MPF trustee* to verify the suspected non-compliance before filing a complaint.
* MPF trustees and their schemes will get onboard the eMPF Platform in sequence one by one. When the scheme has got onboard to the Platform, eMPF Company will utilize the eMPF Platform to perform the administration of the scheme, provide scheme administration services to employer, scheme member and self-employed person and handle the service instructions. From then on, employer, scheme member and self-employed person can manage your MPF on the eMPF Platform and should no longer submit service instructions to MPF trustee; the eMPF Platform will provide the relevant information and/or documents to you directly. Please visit eMPF Website (www.empf.org.hk) for the onboarding timeline of MPF scheme(s) and the relevant information.
MPFA's complaint handling procedures
After receiving a complaint, MPFA will conduct an investigation to verify whether the employer has contravened the MPFSO. If the allegations are substantiated, the employer will be required to rectify the non-compliance immediately.
In the case of default contributions, the employer will be required to pay a surcharge, which will be credited into the MPF account of the affected employee.
MPFA's response to complaints
MPFA will handle the complaint expeditiously and inform the complainant of the investigation results after the investigation is completed. Due to relevant legal restrictions, MPFA may not be able to provide the investigation details or information obtained during the performance of its functions. MPFA may also not be able to disclose the details in order to avoid any adverse impact on the administration of justice.
How to file a complaint with MPFA
Online
Online Form (not applicable to authorizing others to make a complaint)
Hotline
2918 0102 (8:45 am to 5:45 pm on weekdays)
Member Protection and Services Division, MPFA,
Level 12, Tower 1, The Millennity, 98 How Ming Street, Kwun Tong, Hong Kong*
Fax
2259 8806
* MPFA will not accept underpaid mail items, which will be returned to the sender or disposed of by Hongkong Post. Please ensure mail items bear sufficient postage.
Complainants who wish to file a complaint in person at an MPFA office can call the hotline (2918 0102) to make an appointment in advance.
Complainants can also complete the following complaint form and return it to MPFA by mail or fax it to the MPFA. After receiving the complaint form, MPFA will contact the complainant by phone to confirm the details of the case.
Complaints against employers: Download form 
Information to provide when filing a complaint
To ensure the complaint is processed efficiently, please provide the following information:
- personal particulars and contact details;
- proof of identity (e.g. Hong Kong Identity Card);
- name, address and contact details of the employer involved in the complaint;
- whether the complainant agrees to MPFA disclosing his/her identity to the employer;
- specific allegation(s) against the employer and the details of the complaint; and
- all the relevant supporting documents, e.g. employment contract or letter of appointment, pay slip or pay cheque, employer's tax return, notice of participation, benefit statement.
If the complainant does not provide proof of identity and contact information, MPFA will still handle the complaint, but:
- MPFA will not discuss with the complainant or disclose the case progress and investigation results to the complainant; and
- the investigation of the complaint may be impaired.
If a complainant wishes to authorize another person to lodge the complaint, a signed authorization form must be submitted. The authorized person must also provide proof of identity and contact information to MPFA.
Authorization by an affected person: Download form
While MPFA accepts complaints lodged by informants (i.e. persons not personally affected by the alleged non-compliance), MPFA will not disclose the progress and results of the investigation to the informants. Please note that MPFA may not be able to take follow-up action if only limited information is provided.
Personal Information Collection Statement
Before filling a complaint, please read the Personal Information Collection Statement for Complaints
Complaints Against MPF Trustees or the eMPF Platform
MPFA’s roles and policies on handling complaints
Roles of MPFA
MPFA is a
statutory body responsible for the regulation and supervision of MPF schemes
and occupational retirement schemes. One of its functions is to regulate the
affairs and activities of approved MPF trustees, and to ensure as far as
reasonably practicable that the trustees are administering their registered
schemes in accordance with the law and in a prudent manner. In addition, MPFA
will supervise the operation of the eMPF Platform and ensure the integrity
and stability of its electronic system.
The Complaints
and Investigation Department of MPFA is responsible for handling complaints
against trustees or the eMPF Platform.
What MPFA will do
- supervise the MPF trustees’ and the eMPF Platform’s thorough, fair and timely handling of complaints from scheme members and participating employers; and
- follow up with the MPF trustees and the eMPF Platform on complaints and take appropriate follow up actions against inadequacies in its operations.
What MPFA cannot and will not do
- interfere with the MPF trustees’ commercial decisions;
- instruct the MPF trustees/the eMPF Platform to compensate the complainant or determine the amount of compensation;
- supervise the performance of constituent funds;
- intervene in or adjudicate disputes about service quality between the MPF trustees and their clients;
- act as a financial or legal adviser; or
- handle complaints unrelated to the operation of MPF schemes.
When dissatisfied with the administration or services of MPF schemes
Complaints caused by misunderstanding or mismatched expectations can often be resolved through communication and discussion with the trustee or the eMPF Platform. Scheme members/employers are advised to reflect their dissatisfaction to their trustee or the eMPF Platform first and seek a resolution before filing a complaint. (If the relevant MPF scheme has onboarded the eMPF Platform, you should contact the eMPF Platform; If the relevant MPF scheme has not yet onboarded the eMPF Platform, you should contact the relevant trustee. Please visit eMPF Website (www.empf.org.hk) for the onboarding time of MPF schemes and relevant information.)
When to file a complaint with MPFA
In the following situations, you may lodge a complaint with the MPFA regarding the administration or services of an MPF scheme:
- MPF trustee or the eMPF Platform refuses to handle the complaint;
- the complainant considers that the MPF trustee or the eMPF Platform has not handled the complaint fairly;
- the complainant is not satisfied with the MPF trustee or the eMPF Platform's response; or
- there are grounds to believe that the complainant's interests have been prejudiced by the MPF trustee or the eMPF Platform.
MPFA's complaint handling procedures
After receiving a complaint, MPFA will make a preliminary assessment based on the information provided by the complainant. If the matters fall within the jurisdiction of MPFA, MPFA will contact the complainant within 7 working days in accordance with established procedures to confirm receipt of the complaint and clarify the contents of the complaint (if necessary). MPFA will determine the appropriate handling, depending on the nature and circumstances of the case, e.g.:
- requiring the MPF trustee and/or the eMPF Platform to explain the matters directly to the complainant;
- MPFA will also contact the relevant trustees and/or the eMPF Platform to follow up the complaint to ensure that the complaint is properly handled, and after following up, MPFA will provide a reply to the complainant regarding the case handling.
However, due to relevant legal restrictions, MPFA may not be able to provide all details or information obtained during the performance of its functions; or may not be able to disclose the case details to the complainant in order to avoid any adverse impact on the administration of justice.
How to file a complaint with MPFA
Online
Online Form (not applicable to authorizing others to make a complaint, except for a representative authorized by the affected company/organization)
Hotline
2918 0102 (8:45 am to 5:45 pm on weekdays)
Member Protection and Services Division, MPFA, Level 12, Tower 1, The Millennity, 98 How Ming Street, Kwun Tong, Hong Kong
Fax
2259 8806
Complainants who wish to make a complaint in person at an MPFA office can call the hotline (2918 0102) to make an appointment in advance.
Complainants can also complete the following complaint form and return it to MPFA by mail or fax. After receiving the complaint form, MPFA will contact the complainant by phone to confirm the details of the case.
Complaints against MPF trustees or the eMPF Platform: Download form 
Information to provide when filing a complaint
To ensure the complaint is processed efficiently, please provide the following information:
- personal particulars and contact details;
- provide or present identity document (e.g. Hong Kong Identity Card) for verification of identity;
- specific details of the complaint; and
- all the relevant supporting documents and records that may facilitate handling of the complaint, e.g. benefit statement, transfer form, fund switching form, fax record of remittance statement, courier receipts.
If the complainant does not provide or present proof of identity and contact information, MPFA will still handle the complaint, but please note:
- MPFA will not discuss with the complainant or disclose the case progress and findings to the complainant; and
- the handling of the complaint may be impaired.
If a complainant wishes to authorize another person to lodge the complaint, a signed authorization form must be submitted. The authorized person must also provide or present proof of identity (if applicable) and contact information.
Authorization by an affected person: Download form
Authorization by an affected company / organization: Download form
If MPFA assesses that a complaint might involve any non-compliance, MPFA may continue to handle the complaint even if the complaint is not lodged by persons not personally affected by the alleged non-compliance; or the complainant has withdrawn the complaint.
In such case, MPFA will not disclose the progress and the results of fact-finding in the case.
Please note that MPFA may not be able to take follow-up action if only limited information is provided.
Personal Information Collection Statement
Before filing a complaint, please read the Personal Information Collection Statement for Complaints
Complaints Against MPF Intermediaries
MPFA’s roles and policies on handling complaints
Roles of MPFA
MPFA is a statutory body responsible for the regulation and supervision of MPF schemes and occupational retirement schemes. Its core functions are to administer the registration of MPF intermediaries, issue guidelines on compliance with statutory requirements, impose disciplinary sanctions, regulate sales and marketing activities, etc., so as to ensure that MPF intermediaries comply with the MPFSO.
The functions of supervision and investigation of regulated persons rest with the frontline regulators, including the Hong Kong Monetary Authority, the Insurance Authority and the Securities and Futures Commission.
The Complaints and Investigation Department of MPFA is responsible for handling complaints about MPF intermediaries’ non-compliance with performance requirements and/or the carrying on of regulated activities without being registered as MPF intermediaries.
What MPFA can do
- conduct initial processing of complaints and identify possible breaches of performance requirements;
- refer complaints to relevant frontline regulators for consideration of initiating investigation;
- investigate complaints about unregistered marketing or sales activities and take enforcement actions; and
- consider and impose disciplinary orders and/or take appropriate action.
What MPFA cannot and will not do
- investigate complaints about MPF intermediaries’ suspected breaches of performance requirements;
- interfere with MPF intermediaries’ commercial decisions;
- handle service quality issues of MPF intermediaries that fall outside the regulatory scope of the MPFSO and have no disciplinary or enforcement implications; or
- act as a financial or legal adviser.
Notes on criminal prosecution
- The duty of MPFA is to conduct investigation and collect evidence. (Note: For cases involving unregistered marketing or sales activities, MPFA may nominate a frontline regulator to assist MPFA in the criminal investigation.) MPFA is not vested with the power to initiate criminal prosecution. After investigation and collection of evidence, MPFA will seek legal advice and determine whether the evidence of the case is sufficient to support prosecution in accordance with the Prosecution Code of the Department of Justice.
- Complainants serve as prosecution witnesses and help provide evidence during investigation. Even if the complainants request MPFA to initiate prosecution, MPFA will seek legal advice and determine whether the evidence of the case is sufficient to support prosecution in accordance with the Prosecution Code of the Department of Justice.
When to file a complaint
A complaint about the marketing and sales activities conducted by an MPF intermediary can be filed with MPFA if:
- the MPF intermediary refuses to handle the complaint;
- the complainant considers that the MPF intermediary has not handled the complaint fairly;
- the complainant is not satisfied with the MPF intermediary's response;
- there are grounds to believe that the complainant's interests have been prejudiced by the conduct of the MPF intermediary; or
- the complainant suspects that the MPF intermediary is carrying on marketing and sales activities without proper registration, or is not a registered intermediary.
Complaints caused by misunderstanding or mismatched expectations can often be resolved through communication and discussion with the MPF intermediary. Scheme members are advised to reflect their dissatisfaction to the relevant subsidiary intermediary and/or principal intermediary first and seek a resolution before filing a complaint.
MPFA's complaint handling procedures
MPFA will make an initial assessment and, depending on the nature of the allegations, directly initiate an investigation, or refer the complaint to the relevant frontline regulators for consideration of initiating investigation.
The focus of the investigation will be:
- whether the complaint involves regulated activities and falls within the regulatory scope of the MPFSO;
- whether the practices of the MPF intermediary are non-compliant with the relevant legislation and performance requirements; or
- whether the complaint is related to individuals who are carrying on regulated activities without MPF intermediary registration.
MPFA's response to complaints
MPFA will handle the complaint expeditiously and inform the complainant of the results after the assessment of investigation is completed. Due to relevant legal restrictions, MPFA may not be able to provide the details or information obtained during the performance of its functions. MPFA may also not be able to disclose the details in order to avoid any adverse impact on the administration of justice.
How to file a complaint with MPFA
Online
Online Form (not applicable to authorizing others to make a complaint, except for a representative authorized by the affected company/organization)
Hotline
2918 0102 (8:45 am to 5:45 pm on weekdays)
Member Protection and Services Division, MPFA, Level 12, Tower 1, The Millennity, 98 How Ming Street, Kwun Tong, Hong Kong*
Fax
2259 8806
* MPFA will not accept underpaid mail items, which will be returned to the sender or disposed of by Hongkong Post. Please ensure mail items bear sufficient postage.
Complainants who wish to make a complaint in person at an MPFA office can call the hotline (2918 0102) to make an appointment in advance.
Complainants can also complete the following complaint form and return it to MPFA by mail or fax. After receiving the complaint form, MPFA will contact the complainant by phone to confirm the details of the case.
Complaints against MPF intermediaries: Download form
Information to provide when filing a complaint
To ensure the complaint is processed efficiently, please provide the following information:
- personal particulars and contact details;
- proof of identity (e.g. Hong Kong Identity Card);
- name and contact details of the individual and/or company that the complaint is about;
- consent to MPFA disclosing the complainant’s personal details and the complaint details to relevant third parties;
- specific allegation(s) against the MPF intermediary and the details of the complaint; and
- all the relevant supporting documents, e.g. the intermediary's business card, enrolment forms or relevant documents, written correspondence or email records/mobile phone text messages.
If the complainant does not provide proof of identity and contact information, MPFA will still handle the complaint, but:
- MPFA will not discuss with the complainant or disclose the case progress and investigation results to the complainant; and
- the investigation of the complaint may be impaired.
If a complainant wishes to authorize another person to lodge the complaint, a signed authorization form must be submitted. The authorized person must also provide proof of identity (if applicable) and contact information.
Authorization by an affected person: Download form
Authorization by an affected company / organization: Download form
While MPFA accepts complaints lodged by informants (i.e. persons not personally affected by the alleged non-compliance), MPFA will not disclose the progress and the results of the investigation to informants. Please note that MPFA may not be able to take follow-up action if only limited information is provided.
Personal Information Collection Statement
Before filing a complaint, please read the Personal Information Collection Statement for Complaints
Complaints Against ORSO Employers or Administrators
MPFA’s roles and policies on handling complaints
Roles of MPFA
MPFA is a statutory body responsible for the regulation and supervision of MPF schemes and occupational retirement schemes (ORSO schemes). One of its functions is to ensure that employers and administrators of ORSO schemes comply with the Occupational Retirement Schemes Ordinance (ORSO) and the Mandatory Provident Fund Schemes (Exemption) Regulation (Exemption Regulation) and operate these schemes in a prudent manner.
The ORSO Schemes Department of MPFA is responsible for handling complaints against employers and administrators of ORSO schemes.
What MPFA can do
- investigate complaints about employers’ and ORSO scheme administrators’ suspected non-compliance with the ORSO and Exemption Regulation as well as complaints relating to enforcement issues, and take appropriate actions.
What MPFA cannot and will not do
- Interfere with administrators’ operational and commercial decisions;
- intervene or arbitrate in disputes between administrators and their clients;
- intervene or arbitrate in labour disputes between employers and employees; or
- act as a financial or legal adviser.
Notes on criminal prosecution
- MPFA is not vested with the power to initiate criminal prosecution. After investigation and collection of evidence, MPFA will seek legal advice and determine whether the evidence of the case is sufficient to support prosecution in accordance with the Prosecution Code of the Department of Justice.
- Complainants serve as prosecution witnesses and help provide evidence during investigation. Even if the complainants request MPFA to initiate prosecution, MPFA will seek legal advice and determine whether the evidence of the case is sufficient to support prosecution in accordance with the Prosecution Code of the Department of Justice.
When to file a complaint
A complaint against an employer/administrator concerning the administration of ORSO schemes can be filed with MPFA if:
- the employer/administrator refuses to handle the complaint;
- the complainant considers that the employer/administrator has not handled the complaint fairly;
- the complainant is not satisfied with the response from the employer/administrator; or
- there are grounds to believe that the complainant's interests under an ORSO scheme have been prejudiced by the employer/administrator.
Complaints caused by misunderstanding or mismatched expectations can often be resolved through communication and discussion with the employer/administrator. Scheme members are advised to reflect their dissatisfaction to their employer/administrator first and seek a resolution before filing a complaint with MPFA.
MPFA's complaint handling procedure
MPFA will first make an initial assessment and, if necessary, conduct an investigation to review whether the practices of the employer/administrator have contravened the relevant legislation and guidelines.
MPFA's response to complaints
MPFA will handle the complaint expeditiously and inform the complainant of the investigation results after the investigation is completed. Due to relevant legal restrictions, MPFA may not be able to provide the investigation details or information obtained during the performance of its functions. MPFA may also not be able to disclose the details in order to avoid any adverse impact on the administration of justice.
How to file a complaint with MPFA
Online
Complaints Against ORSO Employers: Online Form (not applicable for authorizing another person to lodge the complaint)
Complaints Against ORSO Administrators: Online Form (not applicable to authorizing others to make a complaint, except for a representative authorized by the affected company/organization)
Hotline
2918 0102 (8:45 am to 5:45 pm on weekdays)
Member Protection and Services Division, MPFA, Level 12, Tower 1, The Millennity, 98 How Ming Street, Kwun Tong, Hong Kong*
Fax
2259 8806
* MPFA will not accept underpaid mail items, which will be returned to the sender or disposed of by Hongkong Post. Please ensure mail items bear sufficient postage.
Complainants who wish to make a complaint in person at an MPFA office can call the hotline (2918 0102) to make an appointment in advance
Complainants can also complete the following complaint form and return it to MPFA by mail or fax. After receiving the complaint form, MPFA will contact the complainant by phone to confirm the details of the case.
Complaints Against ORSO Employers: Download form
Complaints Against ORSO Administrators: Download form
Information to provide when filing a complaint
To ensure the complaint is processed efficiently, please provide the following information:
- personal particulars and contact details;
- proof of identity (e.g. Hong Kong Identity Card);
- whether the complainant agrees to MPFA disclosing his/her identity to the employer (if applicable);
- specific details of the complaint against the employer/administrator; and
- all the relevant supporting documents, e.g. benefit statement, letter of termination of employment.
If the complainant does not provide proof of identity and contact information, MPFA will still handle the complaint, but:
- MPFA will not discuss with the complainant or disclose the case progress and investigation results to the complainant; and
- the investigation of the complaint may be impaired.
If a complainant wishes to authorize another person to lodge the complaint, a signed authorization form must be submitted. The authorized person must also provide proof of identity and contact information to MPFA.
Authorization by an affected person: Download form
Authorization by an affected company / organization: Download form
While MPFA accepts complaints lodged by informants (i.e. persons not personally affected by the alleged non-compliance), MPFA will not disclose the progress and the results of the investigation to the informants. Please note that MPFA may not be able to take follow-up action if only limited information is provided.
Personal Information Collection Statement
Before filing a complaint, please read the Personal Information Collection Statement for Complaints
Complaints against MPFA / MPFA’s Staff
Notes on filing a complaint
Role of MPFA
MPFA is a statutory body responsible for the regulation and supervision of MPF schemes and occupational retirement schemes (ORSO schemes).
The core functions of MPFA are to:
- ensure that employers, self-employed persons and scheme members comply with the MPFSO;
- regulate the affairs and activities of approved MPF trustees and to ensure that trustee prudently administer their registered schemes in accordance with the law;
- issue guidelines on compliance with the statutory requirements applicable to MPF intermediaries, and impose disciplinary sanctions; and
- ensure that employers and administrators of ORSO schemes comply with the requirements of the Occupational Retirement Schemes Ordinance (ORSO), and operate the schemes in a prudent manner.
When to file a complaint
If you are dissatisfied with the way MPFA or its staff has/have carried out its/their duties, you can file a complaint with MPFA.
The following complaints are not covered under this procedure:
- any complaints about the existing provisions and related policies of the MPFSO or ORSO;
- any complaints that fall outside the purview of MPFA; and
- complaints against MPFA’s former staff.
Who may file a complaint
Any person who is affected by the way MPFA or its staff has/have carried out its/their duties may file a complaint.
What is the time limit for filing a complaint
A complaint should be filed within one year from the occurrence of the incident. If you are unable to file a complaint within such time limit, please provide reasonable grounds for MPFA’s consideration of accepting the complaint.
How to file a complaint
You may file a complaint in writing. Please download this form and submit the completed form to MPFA in the ways listed on the second page of the form.
If you need assistance in completing the form, please call our hotline 2918 0102 to make an appointment to visit our office in person, so that our staff can assist you in filing a complaint.
MPFA office address
Information to provide when filing a complaint
To ensure the complaint is processed efficiently, please provide the following information:
- your name, mailing or email address and daytime contact telephone number;
- target of your complaint (e.g. name of MPFA department and/or staff);
- details about your complaint and the incident; and
- copies of relevant supporting documents (if any).
MPFA may, when necessary, request the complainant to provide proof of identity, such as Hong Kong Identity Card or passport number/copy, in order to verify the complainant’s identity.
If the above information is not provided in the form, or the information provided is inaccurate or incomplete, MPFA may not be able to fully investigate the complaint, or may even be unable to handle and respond to the complaint.
If the complainant's allegations are found to be false or misleading, or they are made maliciously or frivolously, MPFA reserves the right to take appropriate action.
Complaints filed by an authorized person
For complaints filed by an authorized person on behalf of an affected person or company/organization, the relevant authorization must be submitted in writing by the affected person or company/organization. Please download the authorization form via the following links:
Authorization by an affected person: Download form
Authorization by an affected company/organization: Download form
How will MPFA handle and respond to the complaint
Upon receipt of your complaint, MPFA will acknowledge receipt in writing within three working days.
The focus of the investigation is to ascertain whether the allegations of the complaint are substantiated. MPFA may contact the complainant for more information if necessary. The target of MPFA is to reply the complainant in writing within one month upon receipt of the complaint. If the investigation cannot be completed within one month, MPFA will inform the complainant in writing.
Unless there is new information or evidence, the written reply provided by MPFA to the complainant is considered final.
Personal information collection statement
Personal data provided in making a complaint to MPFA are for the purpose of investigating the complaint. The personal data will only be used for the aforesaid purpose or where permitted by law. If circumstances require the disclosure or transfer of the complainant’s personal data to a third party, MPFA will obtain prior consent from the complainant.
Complainants are entitled under the Personal Data (Privacy) Ordinance to ascertain whether MPFA holds personal data relating to the complainants, and to request access to or correction of any personal data relating to the complainants held by MPFA, in the manner and subject to limitations prescribed by the Ordinance. All enquiries should be directed in writing to the Personal Data Privacy Officer of MPFA. (Address: Level 12, Tower 1, The Millennity, 98 How Ming Street, Kwun Tong, Hong Kong)
