Hong Kong tightens labour import scheme rules for catering industry

The Hong Kong government has implemented stricter regulations for its non-local labour scheme, focusing on the food and beverage (F&B) sector, which currently employs the largest number of imported workers.

Effective immediately, employers in the catering industry are required to adhere to a new staffing ratio, necessitating three local employees for every one imported worker. This change impacts roles such as cooks, junior cooks, waiters, receptionists, drink makers, and bar supervisors. Additionally, F&B businesses seeking to import labor must now complete a six-week local recruitment period, an increase from the previous four-week requirement. During this period, employers are mandated to attend job fairs organized by the Labour Department every two weeks.

This revamp follows a government review of the "Enhanced Supplementary Labour Scheme," introduced in September 2023 to address labor shortages exacerbated by an aging population and economic shifts. The updated rules do not affect other job categories permitted to import workers, which will retain the existing 2:1 ratio of local to imported workers and the four-week recruitment window.

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The LD will strengthen administrative sanctions imposed on employers with serious breaches.

The updated scheme also aims to encourage the employment of local workers with disabilities, offering a 1:1 manning ratio between local disabled employees and imported workers. To safeguard the local workforce, employers must continue to pay imported laborers a wage no less than the median monthly salary for their respective positions.

As of February, over 102,000 non-local workers had been approved under the scheme, with the F&B sector accounting for nearly 42,000. The Labour Department has received close to 1,000 complaints regarding the scheme, with many directed at F&B employers. The government has pledged to strengthen administrative sanctions against employers with serious breaches, including barring businesses from the labor scheme for up to five years and publicly naming those subject to sanctions.

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To strengthen deterrence, the LD will also publish the identity of all employers who have been subject to administrative sanctions.