For Employer
The law requires an employer to take all practical steps to ensure that the job seeker is lawfully employable. If the job seeker is not holding a Hong Kong permanent identity card, the law requires an employer to inspect the job seeker's valid travel document. Moreover, according to court judgements, the employer has the explicit duty to make enquiries regarding the job seeker’s condition of stay in Hong Kong and working experience so as to make sure the job seeker is lawfully employable. If the employer failed to check and make the enquiries for entering the employment with the job seeker, the court may not accept the defence that the employer has already taken all practical steps.
The employer should take note of whether the job seeker has replaced a new smart identity card.
Yes. All holders of Hong Kong permanent identity cards are lawfully employable.
No. Not all holders of non-Hong Kong permanent identity cards are lawfully employable.
A Hong Kong permanent identity card contains the following statement at the back of the card: "The holder of this card has the right of abode in Hong Kong." A non-Hong Kong permanent identity card does not contain the "right of abode in Hong Kong" statement.
They have to inspect the job seekers' valid travel documents to ensure that they are free to take up any employment in Hong Kong without the Director of Immigration's prior permission and have not breached any condition of stay. To employ a person permitted to remain on visitor, student, employment condition or a person whose travel document/“e-Visa” is endorsed with a condition of stay that "Employment is not permitted", requires prior approval from the Director of Immigration.
Common examples are persons permitted to remain on employment status such as imported workers under the Importation of Labour Schemes and foreign domestic helpers.
All imported workers under the Importation of Labour Schemes and foreign domestic helpers are holding W-prefixed or WX-prefixed identity cards.
Look at the immigration stamp/landing slip in the job seeker's travel document. A bilingual immigration stamp endorsed or landing slip attached on the travel documents of foreign domestic helpers states clearly that "change of employer is not permitted". Visa labels/“e-Visa” for extension of stay granted to foreign domestic helpers are also bilingual.
In general, they should not have a Hong Kong identity card. The landing slip on their travel documents has the word "Visitor".
The employer is liable to a maximum fine of $500,000 and ten years' imprisonment.
The employer is liable to a maximum fine of $150,000 and one year imprisonment.
They should make enquiries through the immigration enquiry telephone hotline 2824 1551 or faxline 2824 1166 or e-mail to anti_crime@immd.gov.hk.
Employers Should Inspect Documents of Job-Seekers
Employers are required by law to inspect the job seeker's:
- Hong Kong identity card
and
- valid travel document if he/she is not holding a Hong Kong permanent identity card
in order to ensure the job seeker is lawfully employable before they enter into a contract of employment. Persons permitted to remain on visitor, student, employment conditions or persons whose travel documents/“e-Visa” are endorsed with a condition of stay that "Employment is not permitted" are not lawfully employable without first obtaining approval from the Director of Immigration.
If in doubt, please call
Enquiry Hotline
Telephone No : 2824 1551
Faxline No : 2824 1166
E-mail : anti_crime@immd.gov.hk
Endorsement / Land Slip Samples
Arrangements for “e-Visa” Issuance
Points to note for employers before employing a person (Video)
