SAT10am-Talks on job skill workers job positions (NO INTERVIEW) #gogo

## Introduction of ESLS (HONG KONG)

Employers may apply to import workers at technician level or below to fill vacancies which they have genuine difficulties in recruiting suitable staff locally. ESLS does not accept applications for importation of labour from sectors and job categories covered by the Special Scheme to Import Care Workers for Residential Care Homes and other sector-specific labour importation schemes (construction and transport sectors).

Employers must undertake a local recruitment exercise for each vacancy under application as stipulated by the Labour Department (LD). Concurrently, LD will provide active job matching for the vacancies to identify suitable local job-seekers for referral to the employers for interview.

LD has uploaded the “List of Common Posts” covering the median monthly wage, working hours, entry requirements and duties of common posts in different industries for employers’ reference. If an employer uses the “Application Form for Common Posts” and fills in the information specified in the “List of Common Posts”, the preliminary screening will be expedited and employers can commence the local recruitment exercise as stipulated by LD as soon as it is completed.

Upon completion of the recruitment exercise, LD will invite members of the Labour Advisory Board (LAB) to give views on the recommendation of LD. After conducting comprehensive review of all relevant factors, including the views of LAB members, LD will determine whether to approve or refuse each application.

The duration of the employment contract of a worker imported under ESLS shall not be longer than 24 months. Imported workers must be paid no less than the median monthly wages of local workers in comparable positions. They shall be engaged under a Standard Employment Contract (SEC) and be accorded the same protection of the labour laws in Hong Kong as local workers.

Imported workers are only allowed to work for their employers and in the positions with job duties as specified in SEC. They must return to their place of origin on expiry of their contracts.

If an employer has breached relevant statutory provision(s) (including the Employment Ordinance, the Employees’ Compensation Ordinance, the Immigration Ordinance and the occupation safety and health legislation), or relevant requirement(s) of ESLS or SEC, LD will consider imposing administrative sanction on the employer. Subject to the nature of the breach(es), LD will refuse to process its applications subsequently submitted (with a debarment period of up to two years). Approvals for importation of labour previously granted may be withdrawn.

The approval granted to an employer to import workers will not be automatically renewed. An employer who wishes to continue employing imported workers upon the expiry of their contracts are required to submit an application afresh to LD in advance.

Successful employers are required to pay a levy that goes to the Employees Retraining Board to augment the provision of training and retaining for local workers. The levy payable in a lump sum in respect of each imported worker is $400 multiplied by the number of months covered by the SEC up to a maximum of 24 months. It will be collected after the approval for importing workers and before the issue of visa/entry permit by the Director of Immigration. The levy is not refundable under any circumstances.