Employer FAQ: Imported Labour in Hong Kong

Almost every industry has a lawful route — the key is choosing the right scheme. The Enhanced Supplementary Labour Scheme (ESLS) covers technician-level-or-below jobs across catering, retail, cleaning, property management, security, clerical, beauty, vehicle repair, logistics and renovation trades; the Labour Department's List of Common Posts sets out 100+ jobs with their median monthly wages. Three sector schemes run separately: construction (Development Bureau, HK$1bn+ public works), care homes (Social Welfare Department) and transport (bus/coach drivers and 10 airport frontline roles). Employers must first complete local open recruitment (normally 4 weeks; 6 weeks for catering kitchen and floor posts). See our industry guides.

Typically 4 to 6 months end to end: preliminary screening by the Labour Department, local open recruitment (4 weeks, or 6 weeks for designated catering posts), Labour Advisory Board vetting and approval-in-principle, candidate matching through a licensed mainland agency, then the work visa (2–6 weeks) and the worker's mainland exit endorsement. The most common delays are incomplete documents and mishandled local applicants during recruitment — both avoidable with experienced handling. Plan at least six months ahead of peak-season needs. The care home scheme is faster (14-day recruitment only).

You may propose your own candidate, but the paperwork must go through a mainland labour service company approved by the Ministry of Commerce. Private recruitment, unlicensed agents, or letting someone work on a visitor permit are criminal offences — employers face prosecution for employing a person not lawfully employable, plus disqualification from the schemes. If you already have a preferred candidate, the correct route is to process that person through an approved agency; we can arrange this.

Four main reasons: (1) lack of genuine local recruitment — rejecting suitable local applicants without cause; (2) offering wages below the current median for the post; (3) failing the full-time local-to-imported worker ratio (part-timers under 35 hours/week don't count); (4) poor compliance records in the past two years (labour law breaches, wage defaults, serious industrial accidents). Applying under the wrong scheme also fails. A rejection costs you months, so getting it right first time matters.

Yes — the manpower ratio caps your quota. ESLS standard posts: 2:1 (two full-time local employees per imported worker). Catering kitchen and floor posts since 16 June 2026: 3:1 counted across the whole department. Care homes: 1:1 for private/self-financing homes, 1:2 for subvented ones. Construction: one imported worker to at least two locals. Critically, the ratio must be maintained throughout employment — if locals resign and the ratio slips, you must re-hire promptly or risk losing the quota.

They may earn less than an individual local colleague, but never below the median monthly wage for the comparable post published by the Labour Department — e.g. waiter (Chinese restaurant) $15,820, salesperson $15,600, electrician $19,490 (June 2026 revision; always check the latest figures). Statutory benefits (holidays, annual leave, employees' compensation) apply in full.

One-off government charges: Employees Retraining Levy $9,600 per worker ($400 × 24 months, prepaid before visa issue, non-refundable) and the $330 visa fee. Ongoing: compliant accommodation (deductible from wages up to 20% or actual cost, whichever is lower, for cases approved from 16 June 2026), employees' compensation insurance, and return transport. Some trades add licence costs (security permit, forklift certificate, construction safety card). Our service fee is $0; we also advance recruitment advertising and dormitory deposits.

No. Wages must be paid by auto-transfer into the worker's own Hong Kong bank account within 7 days of the wage period ending, with clear payslips kept. Cash payment or remitting to mainland accounts breaches the Standard Employment Contract and leaves you unable to prove payment during inspections — a common cause of quota revocation.

Statutory entitlements (statutory holidays, annual leave, maternity/paternity leave, sickness allowance, employees' compensation) apply in full with zero flexibility. Discretionary perks — double pay, bonuses, family medical cover — follow whatever the Standard Employment Contract and offer letter state. Put benefit terms in writing before signing to avoid disputes.

Legal liability sits with the agency, but the practical risk lands on you: an indebted worker is a flight risk, may moonlight illegally (triggering investigations), and grievances can become media stories. Choose partners carefully. We work only with Ministry-of-Commerce-approved agencies, charge employers $0 and keep worker-side fees transparent and lawful.

Yes — arranging compliant accommodation is a statutory employer duty. For ESLS cases approved on or after 16 June 2026, you may deduct from monthly wages (excluding overtime) up to 20% or the actual cost, whichever is lower. Utilities are the worker's own expense. Our dormitory service offers compliant units with zero deposit and zero commission for employers.

Minimum 3.4 square metres of net floor area per worker, sleeping areas properly separated, no more than 6 beds per room, adequate ventilation, lighting and fire safety. Illegal subdivided flats and unauthorised structures are prohibited. The authorities conduct surprise inspections; failures are treated as serious breaches.

Not without approval. The accommodation address is written into the Standard Employment Contract and any change must be reported to and approved by the Labour Department. Two traps to avoid: substituting a cash housing allowance for actual accommodation, and continuing deductions after a worker moves out — both are violations.

No legal requirement. If the contract specifies meals and an approved deduction, follow the contract; if it's silent, meals are the worker's own responsibility and you cannot deduct wages for food afterwards. Free staff meals offered voluntarily are fine — just document whether they're free or paid.

Yes, and more frequently under the new regime. Inspectors check identity documents, attendance and Hong Kong bank payment records, actual living conditions versus the declared address, and whether the local-to-imported ratio is still met. Keep at least two years of payroll, attendance and accommodation records ready.

Three tiers: criminal prosecution (illegal employment, wage offences, false statements); immediate quota revocation with all sunk costs lost; and — since 16 June 2026 — sanctions of up to 5 years with multiple breaches counted cumulatively, plus the Labour Department publicly naming sanctioned employers. For brands and government contractors, the reputational cost can exceed the fine.

Absolutely not. Employment Ordinance maternity protection applies in full: once pregnancy is notified with a medical certificate, dismissal is a criminal offence. Statutory maternity leave and pay rules apply as for local employees; the contract and visa remain valid through the leave.

Act fast and document everything: (1) contact the mainland labour agency immediately — family channels usually locate the person quickest; (2) report the absence in writing to the Labour Department and Immigration Department; (3) involve the police if you suspect illegal work or a safety issue. With timely reporting and complete records, a worker's own violations are not held against you; concealing the absence is what creates liability.

Since 16 June 2026, ESLS employers may declare business locations across up to 5 districts at application; once approved, workers may rotate among the declared locations (recruitment ads must list the same places). Undeclared new branches can't be added informally. Construction scheme workers are project-locked and need Development Bureau approval to move.

Moonlighting is illegal work — the worker faces prosecution and removal, and whoever hired them casually also breaks the law. As the sponsoring employer you're generally safe if you genuinely didn't know and can produce rosters, attendance and payment records. Knowing tolerance or 'lending' workers to another company makes you an accessory. Warn in writing at onboarding.

MPF: workers staying ≤13 months or already covered by a mainland pension scheme are exempt — most 24-month-contract workers qualify via the latter; keep their mainland social insurance proof on file. Tax filing is never exempt: submit IR56B annually and IR56G before departure, exactly as for local staff.

Yes, above the allowance threshold. Before a worker leaves Hong Kong you must file IR56G at least one month ahead and withhold all money payable (including final salary) until the IRD issues a Letter of Release. Skip this and the IRD can pursue you for the worker's unpaid tax.

That is the worker's personal obligation. Under the double-taxation arrangement, Hong Kong salaries tax paid is generally creditable against mainland liability. Help by providing clear payslips and tax records; direct specific questions to mainland tax authorities.

You do, more than many employers expect: mandatory employees' compensation insurance (no cover = criminal offence, up to $100,000 fine and 2 years' imprisonment); work injuries under the Employees' Compensation Ordinance; and the Standard Employment Contract requires free medical treatment for imported workers, including outpatient and hospitalisation. A modest group medical policy usually costs less than paying clinics out of pocket.

Probation: yes, per the Employment Ordinance. Transfers: no — workers are visa-locked to the approved post and employer. Raises: always allowed above the median; document major changes. Pay cuts: effectively impossible — never below the approved median, and unilateral cuts breach the Ordinance. Design the role carefully at application.

Yes, following the Employment Ordinance: notice or payment in lieu, plus all outstanding entitlements. Extra items for imported workers: one-way return transport, notifying ImmD and the Labour Department within 7 days, and the IR56G tax clearance. The $9,600 levy is not refunded, and replacing the worker takes time — thorough video interviews before hiring are the cheapest insurance.

Not if you've done four things: lawfully terminated and settled all payments, completed IR56G clearance, arranged return transport, and notified ImmD and the Labour Department within 7 days. Overstaying is then the worker's own offence. One red line: never let them keep working after the visa lapses — that's employing an illegal worker (up to $500,000 fine and 10 years' imprisonment).

Full statutory package: one rest day per week, 12 statutory holidays, paid annual leave from 7 days, sickness allowance, maternity/paternity leave. Home visits during off-time are their right — you cannot withhold travel documents (doing so may itself be criminal). Agree a leave-application procedure at onboarding and plan rosters around Lunar New Year.

No. New medians apply to new and renewal applications only; running contracts continue on their agreed terms until expiry. Budget for an increase at each 24-month renewal, and start renewal paperwork 4–6 months before expiry for a seamless handover.

No. Imported labour visas carry no dependant rights — family members may visit short-term but cannot live, study or work here. Be upfront during recruitment: candidates with clear expectations stay the course better.

No. Time in Hong Kong as an imported worker does not count as 'ordinary residence' under the Immigration Ordinance, regardless of renewals — the same rule as for foreign domestic helpers. Candidates seeking migration should use talent schemes instead.

Yes — declare all locations (max 5 districts) in one application; approved workers can then rotate among them. Include branches you plan to open within the contract period, as locations can't be added informally later.

Care homes, by design: SWD fast-track vetting, 1:1 ratio for private homes and a 14-day recruitment period. Next are ESLS tier-1 posts (retail, cleaning, security, logistics, renovation): 2:1 ratio, 4-week recruitment. Toughest since June 2026: catering kitchen and floor posts (3:1 department-wide, 6 weeks plus job fairs). Preparation quality still matters more than industry.

Two options remain: apply with form ESLS-1B for a non-common post (longer screening, but many are approved every year), or map your role to a similar listed post — duties matter more than job titles. Note the exclusions: construction site trades, care-home carers and the designated transport roles must use their sector schemes, not ESLS. Message us on WhatsApp for a quick assessment.