Following is a question by the Hon Lau Kwok-fan and a written reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (April 16):

Question:
 
     The Labour Department has implemented the Enhanced Supplementary Labour Scheme (ESLS) since September 2023, suspending the general exclusion of the 26 job categories as well as unskilled or low-skilled posts (job categories) from labour importation for two years. The ESLS will expire in September this year. In this connection, will the Government inform this Council:
 
(1) of the situation of labour importation for the aforesaid job categories since the implementation of ESLS, including (i) the number of imported workers who have arrived in Hong Kong to work and (ii)‍ the median wage of imported workers, as well as the respective (iii) local employment rates and (iv) median wages of local workers for such job categories; 

(2) whether the authorities have assessed, upon the implementation of the ESLS, the specific impact of imported workers on the local labour market; 

(3) given that under the ESLS, wages of imported workers should not be less than the median monthly wages of local workers in comparable positions, but it is learnt that some employers of imported workers may reduce the actual disposable income of imported workers through various excuses such as deducting agency commission, etc, whether the Government will establish a relevant monitoring mechanism and review afresh the relevant wage standards; if so, of the details; and 

(4) given that in the reply to a question from a Member of this Council on February 26 this year, the Government has indicated that it has commenced the review of the ESLS and will fully consider the views of stakeholders in mapping out the way forward, of the details of the review, including how will the Government assess the effectiveness of the ESLS, and whether it will extend the ESLS or regularise it?

Reply:
 
President,
 
     To cope with the challenges brought about by manpower shortage and on the premise of ensuring employment priority for local workers, the Government has enhanced the mechanism for importation of labour. Apart from launching sector‑specific labour importation schemes for the construction sector, transport sector, and residential care homes for the elderly and residential care homes for persons with disabilities, the Labour Department (LD) has implemented the Enhanced Supplementary Labour Scheme (ESLS) since September 4, 2023, to suspend the general exclusion of the 26 job categories as well as unskilled or low-skilled posts from labour importation under the previous Supplementary Labour Scheme for two years.
 
     In consultation with the Census and Statistics Department (C&SD), our reply to the Hon Lau Kwok-fan's questions is as follows:

(1) From September 4, 2023, to March 31, 2025, the ESLS received 12 623 applications seeking to import 107 083 workers, including 78 362 imported workers intended to take up posts which were generally excluded from labour importation before. During the period, 7 864 applications involving 54 278 imported workers were approved, including 36 555 workers approved to take up posts which were generally excluded from labour importation in the past. A breakdown of the number of quotas of imported workers approved by the 26 job categories, unskilled or low-skilled posts and other posts is at Annex 1.
 
     Employers approved to import workers under the ESLS are required to arrange for their prospective imported workers to submit visa/entry permit applications to the Immigration Department within the periods specified in the approval-in-principle letters (generally within six months from the issue dates of the letters). The time of imported workers arriving in Hong Kong depends on the progress of employers' handling of relevant procedures. The LD does not maintain the number of imported workers who have arrived to work in Hong Kong under the ESLS.
 
     As required by the ESLS, applicant employers must undertake local open recruitment and give priority to employing qualified local workers to fill the vacancies at a salary not lower than the median monthly wage of a comparable position in the market. The median monthly wage by major job categories is at Annex 2. The latest median monthly wage of other common posts is available in the List of Common Posts on LD's ESLS dedicated webpage (www.labour.gov.hk/eng/plan/iwESLS.htm). Employers approved to import workers are required to sign a Standard Employment Contract (SEC) with the imported workers and shall pay them a salary not lower than the median monthly wage of a comparable position.
 
     The C&SD does not compile statistics on local employment rate by job categories under the ESLS.

(2) The LD has been closely monitoring the employment market situation after the implementation of the ESLS. In addition to maintaining close liaison with the stakeholders, the LD makes reference to the statistical data on the employment situation and the earnings of local employees, and relevant statistical analysis regularly released by the C&SD.

(3) The Government has been attaching great importance to protecting the employment rights of imported workers. Imported workers enjoy the same rights and protection under local labour laws as local workers, including protection for receiving wages on time and restriction on wage deductions, etc. Besides, imported workers must be employed under the SEC, and receive a salary not lower than the prevailing median wage of a comparable position in the market, as well as enjoy the rights and benefits stipulated in the SEC. Apart from requiring employers to pay imported workers' wages by way of automatic payment, the SEC also stipulates that no deduction shall be made from the wages of the imported workers other than those allowable under the SEC or the Employment Ordinance (EO). Moreover, employers shall not enter into any agreement with imported workers requiring them to surrender wages to employers, or demand or receive such rebates from imported workers.

     To strengthen the protection of imported workers, the Government has set up an inter-departmental Task Force to follow up on cases of suspected exploitation of imported workers. The LD will take out prosecution if an employer has violated EO and the imported worker is willing to act as prosecution witness. Besides, if an employer has violated labour or immigration laws, requirements of the ESLS or the SEC, the LD will impose administration sanction including refusal to process applications for labour importation and withdrawal of approvals for importing workers previously granted to the employer, etc. In addition, the LD launched the Imported Workers Support Scheme in January this year to strengthen the support for imported workers who are suspected of being exploited.

(4) The LD is reviewing the ESLS, including its coverage, operation and implementation arrangements; measures to promote and ensure employment priority for local workers; measures to protect the rights and benefits of imported workers; as well as other requirements and matters relating to the ESLS. The Government will take full account of the views of stakeholders including employer associations and labour organisations, etc in mapping out the way forward.

Ends/Wednesday, April 16, 2025
Issued at HKT 12:05

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