Hong Kong company incorporation is not as complicated as many entrepreneurs have initially thought in the first place. When you have plans to recruit HK local employees to work for your newly started company, you must make sure you do understand fully the Labor Legislation and Employers Obligations of Hong Kong.
Labor Legislation (in HK): The Hong Kong based employers have statutory obligations and duties to their employees. The statutory obligations and duties should include employment protection and benefits for all employees (who are eligible), including conditions of employment, compensation of employees, occupational safety and health, and more.
The Hong Kong Employers Obligations under the MPF (Mandatory Provident Fund) System: An employer must enroll all his employees who are of age from 18 to 65. This includes all employees of full-time and part-time natures. Anyone who are working for more than 60 days must be in the MPF scheme. From the perspective of an employer, he must choose a MPF scheme (that is available in the market) and enroll all his employees in the scheme. He may enroll additional (i.e. a second) scheme (which is voluntary) in which he has to first discuss and agree upon with his staffs.
An employer is required to read and understand the legislation and provide a workplace free from discrimination to all his staffs. There are four major types of anti-discrimination ordinances that any HK based company/employer must comply i.e. The Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, and Race Discrimination Ordinance. Without being able to comply with the above four anti-discrimination ordinances, the HK employer may receive complaints (through the Equal Opportunities Commission).
Should the employer be a self-employed person (SEP) in Hong Kong, there is this Self-employed Persons Obligations under MPF System. For a self-employed person is between age 18 to 65, he must apply and enroll in the MPF scheme (which is mandatory). The contribution is required when his earning is not below the minimal income level which is calculated on an annual basis.
It really depends on the nature of your business. Your company may sell a physical product, or a virtual (digital) product, or your business may provide only services to customers. From time to time, products or services may have intellectual property. It is important for the employer to take the necessary steps to exploit, protect and manage his intellectual property. This will definitely help his business to retain the commercial values of his product or service.
