Foreign Worker Service "Supplementary Foreign Worker Optimization Plan"
Enhanced Supplementary Labor Scheme (ESLS)
The Hong Kong government has launched a foreign worker importation program to alleviate labor shortages in various industries. Employers can seek assistance through "labor exchange"
To address the long-term labor shortage faced by various local industries, the Hong Kong Government officially launched the "Hong Kong Supplementary Labour Enhancement Scheme" and the "Hong Kong Industry Importation Scheme" starting September 4, 2023. Under the schemes, local employers who can demonstrate they have been unable to recruit suitable local workers through reasonable channels can apply to import foreign workers at the technician level or below from the Mainland or overseas to fill local vacancies. Both schemes will be implemented over a two-year period and aim to provide long-term relief to industry labor pressures.
The two aforementioned foreign worker importation schemes primarily cover sectors with skilled labour demands, such as the construction and catering industries. The Hong Kong Supplementary Labour Enhancement Scheme has also expanded its scope by adding 26 additional job categories eligible for foreign worker applications, thereby helping more sectors address labour shortages.
In addition to the two schemes mentioned above, the Hong Kong Government has also launched dedicated foreign labor schemes for specific industries, including the "Hong Kong Construction Industry Imported Labor Scheme" and the "Hong Kong Residential Care Home Imported Caregiver Special Scheme", focusing on providing support to manpower-scarce sectors such as construction and elderly care homes to ensure stable operations of the industry.
Hong Kong employers struggling with staff shortages or requiring assistance with importing foreign workers can access professional support through Find Helper Org (official website: www.findhelper.org) to efficiently match them with suitable foreign workers and reduce their recruitment burden.
Hong Kong Foreign Worker Eligibility and Company Application Requirements | A Must-Read Guide for Employers (with "Employer-to-Employer" Support)
Hong Kong employers interested in applying for foreign workers through programs such as the Supplementary Labour Optimization Scheme and the Industry Imported Worker Scheme must first meet statutory qualifications and conditions. The following details the core requirements for employers applying for foreign workers, as well as the specific procedures for companies applying for foreign workers, for reference. If assistance with matching foreign workers or handling paperwork is needed, professional support is available through Find Helper Org (official website: www.findhelper.org).
1. Application for Foreign Workers in Hong Kong: Basic Employer Qualification Requirements Whether you are an individual employer or a company employer, you must first meet the following three core qualifications before applying for a foreign worker. Otherwise, the Labour Department may reject your application:
1. Employers must have legal status Individual employers must be legal residents of Hong Kong and must submit a valid Hong Kong identity document (such as Hong Kong Identity Card, Mainland Travel Permit for Hong Kong and Macau Residents, etc.) when applying.
Corporate employers: You must prove that your business is legally registered and operating in Hong Kong. You must submit a valid Business Registration Certificate (BR), Company Registration Certificate (CR), and the latest company information (such as an annual return).
2. Employers must meet financial capacity requirements. Employers must demonstrate sufficient financial capacity to cover the full expenses of the foreign workers, including salary, statutory benefits, accommodation, transportation, etc.
Individual employers: Proof of stable monthly income is required (e.g. bank statement, salary tax slip, employment contract, etc.).
Corporate employers: They must submit financial statements or audit reports covering the past 1-2 years to demonstrate that the company is operating well and has stable cash flow sufficient to cover expenses related to foreign workers.
3. The employer must have a clean labor record. The employer (including the company's principal) must have no record of violating Hong Kong's labor laws. Otherwise, the application will be subject to rejection. Specifically, the following factors may apply:
Arrears in payment of employee salaries or Mandatory Provident Fund (MPF) contributions;
Violation of relevant provisions of the Employment Ordinance (e.g. failure to provide statutory holidays, overtime pay, etc.);
Evading workers' compensation liability or failing to purchase workers' insurance for employees;
Convicted of employing illegal workers.
Hong Kong companies applying for foreign workers: 8 specific conditions
When employers recruit foreign workers through the government's foreign worker program, in addition to meeting the above basic qualifications, they must also strictly adhere to the following eight conditions to ensure that the application process complies with the Labour Department's regulations:
1. Foreign workers must meet the requirements of the scheme and be recruited through the **Supplementary Labour Optimisation Scheme**: Foreign workers must be employed in job categories designated by the Labour Department (such as waiters, manufacturing workers, warehouse clerks, etc.), and their job level must be below technician level;
Recruiting through the **"Industry Imported Workers Scheme"**: The job category of the foreign worker needs to be determined based on the corresponding coverage of the industry (such as construction, catering, transportation, etc.). For details, please refer to the latest list of industry positions of the Labour Department.
2. Must first complete 4 weeks of local open recruitment. This is the core prerequisite for applying for foreign workers. The purpose is to prioritize local employment. Specific requirements include:
Recruitment period: not less than 4 weeks, and job vacancies must be posted through the Labour Department's Interactive Employment Service website;
Advertisement times: The recruitment advertisement must be published at least 4 times in local newspapers in Hong Kong;
Interview requirements: Local job seekers referred by the Labour Department must be interviewed and must not be rejected without reason;
Salary standard: The monthly salary offered must not be lower than the "median monthly wage of local workers" for the position in Hong Kong (specific data can be found in the annual statistical reports of the Labour Department).
After the recruitment period ends, the company must submit a "Local Recruitment Result Report" to the Labour Department to prove that it is unable to recruit suitable local staff. The Labour Department will follow up on the referral case and will only proceed to the foreign worker application approval stage after confirming that there are no local job seekers matching the application.
3. Foreign workers must submit proof of good health. Before applying, foreign worker applicants must apply for a "Health Examination Certificate" from a recognized medical institution in Hong Kong (such as a clinic under the Department of Health or a private hospital) to prove that:
The applicant is physically fit to perform the job proposed;
No infectious diseases (such as tuberculosis, hepatitis, etc.) and chronic diseases that affect work.
4. Foreign workers must have relevant work experience. The company needs to prove that the foreign worker is a suitable candidate for the proposed position and needs to require the foreign worker to provide:
Proof of at least 1-2 years of relevant work experience for the proposed position (e.g., letter of recommendation from previous employer, work certificate);
Proof of academic qualifications (e.g. secondary school diploma, vocational training certificate, etc., depending on the job requirements);
If the job involves technical work (such as electrician or chef), relevant professional qualification certificates are required.
5. Foreign workers must work full-time. Companies must provide foreign workers with full-time positions, with weekly working hours not exceeding 48 hours (in accordance with the Employment Ordinance);
Foreign workers are not allowed to change employers or job positions without authorization, or engage in part-time or casual work, or other work not specified in their contract;
The application form must clearly state the foreign worker's job description, work location, and daily working hours to expedite the review process.
6. Foreign workers enjoy the same salary and benefits as local employees. Companies must ensure that the remuneration and benefits of foreign workers comply with Hong Kong statutory standards and are on par with local employees in the same position. Specifically, they must:
Salary is not lower than the minimum wage in Hong Kong and not lower than the median salary of local employees in the same position;
Statutory benefits are provided, including statutory holidays (12 days per year), paid annual leave (calculated based on years of service, with a minimum of 7 days), and Mandatory Provident Fund contributions (with the employer's contribution of at least 5%).
Additional protection: Purchase labor insurance and medical insurance (covering local medical expenses in Hong Kong) for foreign workers.
7. The company must provide standard accommodation. The accommodation must be located in Hong Kong and comply with Hong Kong's Building Ordinance and hygiene standards;
Basic facilities are complete: including individual beds, sofas, cooking facilities (such as gas stoves and refrigerators), and bathrooms (with hot water supply);
Accommodation must not charge foreign workers any fees, nor deduct accommodation-related expenses from their wages (unless the foreign worker voluntarily chooses to pay extra for high-quality accommodation, which requires a separate agreement).
8. Must pay employee retraining levy. After being approved to employ foreign workers, companies must pay a one-off levy to the Employee Retraining Board (ERB) to fund the retraining of local workers. The specific requirements are as follows:
Levy amount: $400 per foreign worker × total number of months in the employment contract (e.g., for a 2-year contract, the levy is 400 × 24 months = $9,600);
Payment time: After the foreign worker's visa is approved by the Immigration Department and before the visa is issued;
Note: Once the levy is paid, it is non-refundable regardless of whether the migrant worker has taken up his/her post or whether the contract is terminated early.
Hong Kong migrant workers apply for support: Find Helper Org
If Hong Kong companies or individual employers encounter difficulties in applying for foreign workers (such as sorting out qualifications, preparing documents, and matching foreign workers), they can obtain one-stop assistance through "FindHelper" (official website: www.findhelper.org), including foreign worker resource matching, application document guidance, policy consultation, etc., to help employers complete foreign worker applications efficiently and solve the problem of labor shortage.
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