Frequently Asked Questions
- 1. What is the timeline of the application?
The Scheme is launched in July 2023. For the second round of application, applicants can submit the completed application form together with the required documents to Airport Authority (AA) during the period from 9:00a.m. on 13 March 2024 to 5:00p.m. on 26 March 2024. It is targeted that the notification of quota allocation results will be announced in mid-April.
- 2. Who has the eligibility to submit and sign for applications under The Scheme?
Scheme applicants shall be registered business entities which possess a contract/ license/ franchise/ passenger handling permit with AA to operate its business at Hong Kong International Airport (HKIA).
- 3. Upon allocation of imported labour quota, how much time do the employers have for
recruitment?
Applicants should use the quota(s) to complete recruitment for the relevant approved jobs within six months, failing which the allocated quota(s) will be forfeited.
- 4. Upon successful employment of an imported worker, how long will the quota be valid
for?
The relevant quota(s) will be valid for a maximum of two years or the relevant contract period, whichever is shorter.
- 5. Does the Scheme target labour from the Mainland China only?
Although it is expected that most of the imported workers may be from Mainland China, applicants under the Scheme may also import labour from places other than Mainland China.
- 1. Do employers need to cover their imported workers' medical expenses in Hong Kong?
In the event that an imported worker is ill or suffers from personal injury during the period of employment, his/her employer shall provide him/her with free medical treatment.
- 2. Are the employers required to cover the cost of passage to/from Hong Kong for their
imported workers?
If an imported worker lives in Hong Kong during the term of employment, his/her employer shall provide free passage to/from his/her place of origin and Hong Kong at the start and end of the term of employment. If the imported worker lives outside Hong Kong during the term of employment, he/she shall bear his/her own transportation costs.
- 3. The Scheme requires that an imported worker shall not work for more than 12 hours
(overtime work included) in each continuous 24-hour period. How are the working hours
calculated?
According to the Standard Employment Contract, an employee cannot require its imported workers to work for more than 12 hours in a continuous period of 24 hours (overtime work included). For example, if an imported worker's working hours are 7:00 am to 5:00 pm (10 hours in total), including 1 hour of meal break and rest time, the normal working hours of the worker are 9 hours. If the actual working time exceeds 9 hours, it will be regarded as overtime work and the employer shall pay overtime pay in accordance with the Standard Employment Contract. However, during the period from the imported worker's original off-duty time to the original on-duty time on the next day (5:00 pm to 7:00 am the next day), the employer cannot request or arrange for the imported worker to work for more than 3 hours.
- 4. Can an employer pay an imported worker by cheque or cash before he/she successfully
opens a bank account and applies for autopay in Hong Kong?
Under the Employment Ordinance, employers are required to pay wages within 7 days from the end of the wage period. If an employer cannot arrange to pay wages to his/her imported worker(s) by bank autopay in a timely manner, the employer may temporarily pay wages by cash, bank transfer or cheque.
- 5. Do imported workers and their employers need to participate in Mandatory Provident
Fund (MPF) schemes?
According to the Mandatory Provident Fund Schemes Authority (MPFA), a person who is permitted to work in Hong Kong under section 11 of the Immigration Ordinance and who is (1) permitted to remain in Hong Kong for not more than 13 months or (2) is a member of a retirement scheme outside Hong Kong is exempted and is not required to join a MPF scheme. For any enquiries, please contact MPFA by calling its hotline at 2918 0102.
- 1. Can the employer recruit imported labour in Mainland China and handle the relevant
procedures by itself?
If the worker to be imported is a resident of Mainland China, the employer must arrange for him/her to work in Hong Kong via a recruitment agency designated by the PRC Ministry of Commerce.
- 2. Where can I find the relevant laws and regulations of recruiting Mainland residents
to work in Hong Kong?
Please visit the website of Immigration Department for visa requirements. Please also check with your airlines for details.
- 3. Where can I find the list and contacts of recruitment agencies designated by the PRC
Ministry of Commerce?
The list and contacts of recruitment agencies designated by the PRC Ministry of Commerce are available in the following website: https://zsmcorp.mofcom.gov.cn/zsmbgacommon/zsmbga_innerCorp_hk_list
- 4. What is the application process for the visa / entry permit for imported workers?
Do visa / entry permits need to be renewed every year?
Upon allocation of imported labour quotas, an Applicant shall use the quotas within six months, arrange work visa applications with the Immigration Department for each of the imported workers. Late applications will not be processed. The imported workers and the employer should file the application with the Immigration Department the completed application form issued by the Immigration Department, a copy of the imported worker(s)' travel documents (for Mainland China residents who do not have travel documents, a copy of their Mainland Chinese identity card can be submitted) and details of the entry requirements for the relevant job(s) (relevant documentary proof must be attached), a copy of the Quota Application Result Notification Letter issued by Transport and Logistics Bureau (TLB)together with a copy of the Quota Details, the completed Consent Form signed by the imported worker(s), and the Standard Employment Contract applicable under the Scheme signed by the employer and the imported worker(s) in quadruplicate. After the Immigration Department collects the required documents, it usually takes six weeks to process the application for an employment visa / entry permit for an imported worker. Imported workers are generally issued with a visa/entry permit for a period of 24 months or the entire employment contract period, whichever is shorter.
- 5. Can an applicant apply for an extension if it fails to submit visa / entry permit
applications to the Immigration Department within six months from the issuance of
the Quota Application Result Notification Letter by TLB?
Late visa / entry permit applications will not be accepted, and any unused quota(s) concerned will be forfeited. If the applicant still wants to recruit imported workers, a new quota application shall be submitted.
- 6. How long does it take for the Immigration Department to process a visa / entry permit
application?
After submitting all the required supporting documents, the applicant shall allow six weeks' time for the Immigration Department to process the application.
- 7. If an imported worker fails to receive his/her identity card within 30 days of his/her
entering Hong Kong, will Immigration Department exercise discretion in handling such
cases?
Under the Registration of Persons Ordinance (Cap. 177) and Registration of Persons Regulations (Cap. 177A), it is a duty for a person newly arriving in HK to register and apply for an identity card within 30 days of his/her entry into Hong Kong. If there is an emergency situation where an imported worker needs to apply for an identity card as soon as possible, Immigration Department will provide assistance as appropriate.
- 1. What is the ceiling for labour importation quotas under the Scheme? Can the ceiling
be raised?
The ceiling for labour importation quotas under the Scheme is 6,300. The Government will continue to monitor quota usage and labour demand of the industry, and review the Scheme at an appropriate juncture.
- 2. How long does it take for the quota allocation decisions to be made?
Quota application approval will be completed in around 1 month from the receipt of the application.
- 3. In the event of early termination of employment contract, can employers apply for
replacement workers?
Yes, employers may apply for replacement workers. However, the contract period of the replacement workers cannot be longer than the remaining valid period of the original labour importation quota.
- 1. Are there any other charges for employees under the Scheme?
For each imported worker, an employer needs to pay a monthly Employees Retraining Levy of HK$400 to the Employees Retraining Fund in a lump sum. The employer also needs to pay a monthly transport subsidy for airport frontline staff (“Contribution for Transport Subsidy for Airport Frontline Staff") of HK$400 to the AA in a lump sum.
- 2. Is there any penalty if an employer breaches relevant requirements under the Scheme
and/or relevant anti-corruption, immigration and/or labour laws?
There is an administrative sanction regime in place under the Scheme. In the event of breaches of relevant laws or conditions, depending on the severity of the breaches concerned, the relevant employer may be barred from participating in the Scheme and/or have its allocated quotas revoked.
- 3. If an employer terminates its employment contract with an imported worker prematurely,
can it get a refund for the Employees Retraining Levy and Contribution for Transport
Subsidy for Airport Frontline Staff?
Under no circumstances will the payments concerned be refunded.