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The Mandatory Provident Fund Schemes Authority (MPFA) today (December 7) convened a tri-partite meeting with representatives from the labour sector and the Labour Department to discuss ways of tackling problems concerning employees being forced to become self-employed.

The meeting aimed at strengthening cooperation among the MPFA, labour unions and the Labour Department in protecting the rights of employees.

Today's meeting was attended by legislators Ms Chan Yuen-han, Mr Lee Cheuk-yan and Ms Lee Fung-ying. Representatives from the labour side included Chairman of the Harbour Transport Workers General Union, Mr Chiu Chi-keung; Chairman of Motor Transport Workers General Union, Mr Lee Wing-sang; and Vice-chairman of Hong Kong Contruction Industry Employees General Union, Mr Choi Chun-wa.

Commissioner for Labour, Mrs Pamela Tan; its Assistant Commissioner, Mrs Jennie Chor; and its Senior Labour Officer, Miss Mabel Lee, also attended the meeting.

MPFA's Managing Director, Mr Rafael Hui said the meeting was very constructive. He said: "It facilitated exchanges of views among the three parties and all the participants agreed upon the way forward.

"He said the MPFA welcomed the initiatives by labour groups to provide complaint cases and details, stressing that joint cooperation among all parties concerned would be crucial to resolving problems arising at the initial stage of the MPF implementation.

The MPFA and the Labour Department, Mr Hui said, would work together to handle complaint cases involving employers' attempts to dodge MPF liabilities and protect the legal rights of employees under the Employment Ordinance and the MPF Schemes Ordinance.

"Employees are reminded that once they have become self-employed, they will lose not only their MPF rights, but also their benefits and rights under the existing labour legislation, such as insurance protection, long service payments and severance payments. In such cases, they should approach the MPFA, labour unions or the Labour Department for assistance," said Mr Hui.

However, he pointed out that in sectors where a commission-based practice was common, it would be difficult to determine whether a contract of employment or a contract for service existed.

Up to now, the MPFA has received a total of 15 complaints involving reduction of employees' benefits in the course of implementing the MPF System. Another 11 cases have been referred to the Authority by labour unions.

Between January and December 6 this year, the Labour Department's Labour Relations Division received eight alleged complaints concerning variations of existing employment terms due to MPF, five of which were referred by the MPFA. Five cases have been resolved following arbitration and counselling by the Labour Department while the remaining three cases have been referred to the Labour Tribunal for adjudication.

Mr Hui said, "Both the MPFA and the Labour Department will work closely to follow through all the complaint cases."

End/Thursday, December 7, 2000