Hong Kong Ordinances

MANDATORY PROVIDENT FUND SCHEMES ORDINANCE - SECT 7

Employer to arrange for employees to become scheme members, etc.

(Past version on 19/07/2002).
(Past version on 15/02/2002).
(Past version on 01/12/2000).

PART III

MANDATORY CONTRIBUTIONS AND VOLUNTARY CONTRIBUTIONS (Amended 30 of 2008 s. 3)

(1) Every employer of a relevant employee must take all practicable steps to
ensure that the employee becomes a member of a registered scheme within the
permitted period after the relevant time.

(1A) Every employer of a relevant employee must take all practicable steps to
ensure that, after the expiration of the permitted period-

   (a)  if the employer has complied with subsection (1) in respect of the
        employee, the employee continues to be a member of a registered scheme
        throughout his employment with that employer;

   (b)  if the employer has not complied with subsection (1) in respect of the
        employee, the employee becomes a member of a registered scheme and
        thereafter continues to be a member of a registered scheme throughout
        his employment with that employer. (Added 29 of 2002 s. 3)

(2) Nothing in this section prevents an employer of 2 or more
relevant employees from procuring for those employees membership in different
registered schemes.

(3) For the purposes of subsection (1)-

   (a)  the permitted period is the period specified by the Authority by
        notice published in the Gazette for the purposes of this section; and

   (b)  the relevant time is-

        (i)    in the case of an employer who is employing a relevant employee
               at the commencement of this section, the time of that
               commencement; and

        (ii)   in the case of an employer who enters into a contract of 
               employment with a relevant employee after that commencement,
               the beginning of the date on which the employment begins.
               (Amended 2 of 2002 s. 6) (Replaced 4 of 1998 s. 2)