In response to concerns about employers dismissing local workers after hiring foreign labor, Hong Kong's Secretary for Labor and Welfare, Chris Sun, provided a written reply to legislator Tang Fei on Tuesday (Oct. 15), revealing that the Labor Department received 321 complaints in the first nine months of this year regarding suspected replacement of local employees by imported workers. This figure represents a sixteen-fold increase compared to the total number of complaints received in the entire previous year.
The complaints primarily involved the catering services, manufacturing, and cleaning services industries. Among these, the department has completed 68 investigations, with one case substantiated. Administrative sanctions have been imposed on the non-compliant employer, while the remaining complaints are still under investigation.
Data submitted by the Labor and Welfare Bureau shows that from January to September this year, 10,256 applications were received under the "Enhanced Supplementary Labor Scheme," with 5,949 approved. From September 2023 to September 30 this year, a total of 12,099 applications were approved, with the catering service industry accounting for the largest share – 8,799 applications approved since 2023. The retail sector saw 2,033 approved applications for imported labor under the scheme over the past two years.
Sun explained that the Labor Department received 1, 19, and 321 complaints in 2023, 2024, and the first nine months of this year, respectively, regarding suspected replacement of local workers by foreign labor, indicating the significant surge this year. The department investigates all complaints, including conducting inspections and gathering evidence at the workplaces where imported labor is employed. They also verify in detail with employers and employees whether the number of local staff decreased after the arrival of imported workers, the reasons for any reduction, and whether the employer conducted local recruitment to fill vacancies left by departed local employees.
Employer Sanctioned in Substantiated Case
Of the 68 cases where investigations have been completed, 67 lacked sufficient evidence. Only one complaint was substantiated, relating to the case of Top One Dance Club & Chinese Cuisine, which the department announced in late August. Administrative sanctions were imposed on the employer involved, including a two-year ban on processing new applications for importing labor. Other complaint cases remain under investigation.
Sun noted that the Labor Department implemented new measures starting in June, including adding an online complaint form on the scheme's dedicated webpage to facilitate complaints from both local employees and imported workers regarding suspected violations of the scheme's provisions by employers. Labor inspectors also conduct regular inspections at workplaces employing imported labor to check for compliance. Employers found violating the rules will similarly have their eligibility to import foreign labor revoked for two years.
Furthermore, since Sept. 18, employers applying to import waiters and junior cooks must conduct local recruitment for six weeks and participate weekly in job fairs held at designated job centers of the Labor Department.
The government will continue to dynamically monitor the employment situation and flexibly adjust implementation arrangements to ensure priority for local employment.
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