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MPFA releases list of non-compliant employers to enhance deterrent effect

The Mandatory Provident Fund Schemes Authority (MPFA) today (23 May) published the Non-Compliant Employer and Officer Records (NCEOR) on its website, providing information on employers and their officers who have breached the Mandatory Provident Fund Schemes Ordinance (the Ordinance) in the past five years.

The NCEOR contains records of civil awards/judgments and criminal convictions obtained by the MPFA under the Ordinance in the past five years. The record lists the names of the employers (including limited companies, sole proprietors and business partners), their business registration numbers and details of the non-compliant offences. The information is set out in chronological order according to the date the awards/judgments and convictions were handed down. The NCEOR is also equipped with an advanced search function which enables users to search for a particular company or individual, or information on a specific day, by inputing data such as a date range, keyword or business registration number.

If within five years since the last posted record, an employer or officer has no further MPF non-compliance issues, that is, criminal convictions, civil awards/judgments or outstanding default contributions, all past non-compliance record(s) of the employer or officer will be removed from the NCEOR at the end of the relevant month. If, however, an employer or officer has been convicted under the Ordinance twice or more within five years, the relevant criminal conviction information will also be shown in the "repeated offender records" under the NCEOR.

The NCEOR currently contains more than 3,700 records of civil awards/judgments and criminal convictions, involving over 2,300 employers.

MPFA Chief Operating Officer (Enforcement) Hendena YU said, "The NCEOR was set up to enhance the deterrent effect against MPF non-compliance so that employees' MPF rights will be further protected. In addition, the NCEOR will help increase the transparency of our enforcement actions."

The NCEOR also serves other purposes, Ms Yu added, such as:
  • allowing scheme members to check whether a particular employer has any record of MPF non-compliance before joining the company to better protect their MPF rights;
  • providing MPF non-compliance information of a particular company to parties which intend to appoint that company to provide service or be its contractors; and
  • assisting Government departments in the evaluation and selection of bidders for Government service contracts.
The MPFA attaches great importance to all cases of default MPF contributions and non-enrolment of employees in MPF schemes, and adopts various means to recover default contributions. Ms Yu said the MPFA would refer cases to the Police for prosecution if sufficient evidence was available.

In 2010/11, the MPFA applied for 2,594 summonses in respect of default contributions and non-enrolment, representing a 130% jump compared to the number in 2009/10.

Ms Yu said the MPFA hoped setting up the NCEOR would help alert employers and their management to their obligation to fully comply with the Ordinance.

The MPFA has also prepared a user guide for the NCEOR, which has also been posted on the MPFA website. Members of the public are welcome to call the MPFA hotline at 2918 0102 for any enquiry about the NCEOR.

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23 May 2011