Employer barred from applying import workers after failing hiring qualified local ones

Hong Kong’s Labour Department (LD) announced on Monday that it has taken action against Amala Limited, a local pest control company, which refused to hire a qualified local job seeker in violation of the Enhanced Supplementary Labour Scheme (ESLS). 

As a result, the company will be barred from applying to import foreign workers for one year, effective July 31.

The LD has also terminated the processing of an existing labor import application submitted by the firm.

Breach of local hiring requirements

The ESLS requires employers to prioritize local recruitment by conducting a four-week hiring process before applying to bring in overseas workers. Companies must provide valid justification if they reject eligible Hong Kong applicants. 

However, Amala Limited failed to comply, refusing to employ a suitable local candidate without reasonable grounds.

Strict enforcement of labor rules

The LD emphasized that employers who violate labor laws, immigration regulations, or ESLS conditions—including the terms of the Standard Employment Contract—face serious consequences. 

Penalties may include the cancellation of previously approved foreign worker permits and a ban on future labor import applications.

Protecting local employment opportunities

To safeguard job opportunities for Hong Kong residents, the LD has introduced stronger monitoring measures. 

Workers—both local and imported—can now report suspected employer misconduct through an online complaint form on the ESLS website. The public can also lodge complaints by calling the department’s dedicated hotline at 2150 6363.

The Labour Department reminded all employers to strictly follow ESLS regulations and prioritize hiring local workers before seeking foreign labor. 

Two more employers under probe for breaching labor rules

Secretary for Labour and Welfare, Chris Sun Yuk-han, revealed last month that authorities are currently investigating two cases involving alleged employer violations under the foreign labor importation scheme. 

Preliminary evidence in the first case suggests that local employees were dismissed after the employer hired foreign workers. 

The second case involves clear indications that an employer acted in "bad faith" during the local recruitment process by failing to prioritize qualified local job seekers. 

Sun stated that the offending employers have been placed on a watchlist, with their applications suspended. 

He emphasized that if violations are confirmed, not only will current foreign worker permits be revoked, but the employers will also be barred from reapplying for foreign labor for two years.