After the government put forward the proposal to scrap the mechanism
of offsetting long service and severance payments with MPF, it is meeting with labour
groups starting from today to reach a consensus between employees and employers before its
term ends. Whether workers can enjoy the benefits earlier depends on the mutual understanding
and accommodation .
Scrapping the mechanism is what Chief Executive-elect Carrie Lam Cheng Yuet-ngor
described to pro-establishment legislators as one of the "three mountains" she was facing during
the later part of her tenure as chief secretary. The other two "mountains" are MTR fares and
the Link Reit that manages several public housing malls and car parks. The MTRC recently
announced freezing fares for the first time in eight years while offering a three per cent discount.
The Link Reit congratulated Lam on the day she was elected and made a statement that it hopes
to continue working closely with the government and other stakeholders.
Business sector worried about expenses, government willing to subsidize
Of the "mountains", the MTRC and Link Reit are individual organizations while the MPF
involves employees and employers who are not rigid but with shared interests and sometimes
tinted with politics. Reaching a consensus to solve the problem is a lot more complicated.
When an employee retires or is made redundant , the employer can use the MPF contribution
to offset the long service and severance payments. In the past 15 years, over $30 billion of MPF
contributions have been used in the mechanism. Last year alone, it was over $3 billion. In some
extreme cases, the employees lost 90 per cent of their long service and severance payments. The
mechanism has led to many complaints from employees when they retire.
Labour groups keep fighting to have the mechanism scrapped, but the business sector strongly resists because it will greatly raise costs especially exerting pressure on small and medium enterprises.
After prolonged brewing, the compromise of scrapping the offsetting mechanism was brought
up in the Policy Address delivered by Chief Executive Leung Chun-ying early this year with three key
elements. It will "have no retrospective effect. In other words, employers’ MPF contributions before
the implementation date of the proposal will be ‘grandfathered’." The payments for an employment
period from the implementation date will be "adjusted downwards from the existing entitlement of
two-thirds of one month's wages to half a month's wages as compensation for each year of service".
Finally, the government will share part of the expenses on payments to employers in the 10 years after the implementation date of the abolition to help them gradually adjust to it. It is expected to involve about $6 billion public money.
The nature of the proposal is that all parties make some compromise. The government will
also provide some subsidy. However, the labour side is dissatisfied with long service and severance
payments becoming smaller while the business sector hopes that the government will subsidize extra
expenses, only willing to slightly increase MPF contributions. The government is concerned that such
subsidy will become an abyss and be abused by unscrupulous employers like the Protection of Wages
on Insolvency Fund.
Reducing opposition benefits employees and employers
Now the government is meeting with labour and business groups creating a new round of
struggle between employees and employers. If there is no compromise, it is not known how long the
anticipated scrapping of the offsetting mechanism will be dragged on. In the end, it will still be the
many employees suffering loss. In recent years, there has been no trust and compromise between the
two sides. After the minimum wage issue, there has been no major measure to promote labour welfare. Matters as simple as gradually increasing statutory holidays to match up with public holidays remain stagnant, let alone complex issues such as scrapping the MPF offsetting mechanism and standard working hours. If there can be compromise, employees will enjoy better protection. Remaining flexible and keeping down opposition to boost social harmony will also benefit businesses.