MPF rights of PART-TIME employees
Your MPF Rights
According to the Mandatory Provident Fund Schemes Ordinance, if you are aged 18 to 64 and employed for 60 days or more, irrespective of your job nature as a full-time or part-time employee, you are covered by the Mandatory Provident Fund (MPF) System. Your employer must enrol you in an MPF scheme and make timely contributions in accordance with the law.
The “60-days” rule:
- Counted by calendar days (including holidays)
- Determined by the employment relationship between the employee and employer. The number of the employee's actual working days or hours is irrelevant
- Covers both full-time and part-time employments
- Not applicable to the construction and catering Industries. If you are a casual employee from l construction or catering industry, and are employed on a day-to-day basis or a fixed period of less than 60 days, your employer must enrol you in an MPF Scheme and make contributions.
*Under the existing MPF System, certain persons, such as domestic employees, are exempted. Please refer to the leaflet "What employees should know about MPF?' for details.
Mr Wong is a security guard at a construction site. The security company he works for purposely breaks up his employment into a series of 50-day contracts to him. After the first employment contract expires, the security company would enter into another 50-day contract with Mr Wong on the same employment terms. Mr Wong has signed a total of six of these contracts in a year. Although the employment period of each contract is less than 60 days, the actual employment situation shows that the employment relationship between the security company and Mr Wong is not less than 60 days. The security company therefore must enrol him in an MPF scheme and make contributions.
Ms Cheung has been employed as a part time cleaning worker for three months. Her employment contract stipulates that she is required to work for four hours each day every Saturday and Sunday. During the last three months. Ms Cheung has worked for 24 days and a total of 96 hours. Although she is a part time employee and her actual working days are less than 60 days, her employer should enrol her in an MPF scheme and make contributions as her employment period has exceeded 60 days. The number of hours she has worked is irrelevant. The MPF obligations of her employer are not affected by the definition of “continuous contract of employment under the Employment Ordinance (commonly known as H 418" rule, an employment contract under which an employee works continuously for the same employer for 4 weeks or more, with at least 18 hours in each week).
Furthermore, employers cannot evade their MPF obligations by breaking up an employee's employment into periods of less than 60 days. If an employer and an employee enter into a series of such employment contracts and there is evidence that the employment relationship is not less than 60 days, the employer must enrol the employee in an MPF scheme and make contributions.
Please visit MPF website for more details.