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《Application Guidelines》

Introduction

1. The Employment Programme for the Elderly and Middle-aged (EPEM) encourages

employers to engage unemployed job seekers aged 40 or above and provide them with

on-the-job training (OJT). Upon completion of OJT under EPEM, the employers may

apply for training allowance for 3 to 6 months (for employee aged 40 to 59) or 6 to

12 months (for employee aged 60 or above).

2. Labour Department (LD) launched a three-year “Retention Allowance” pilot scheme

(From 1 September 2020 to 31 August 2023), to provide retention allowance (RA) to

elderly employees who participate in the EPEM. If an employee is aged 60 or above

at the time of employment, and stays at the job for three months or more during the

OJT period, he/she can apply for RA at the end of the training period or when the

employment is terminated. For more details please refer to paragraphs 10, 12 and 27 to

30.

Requirement on Job Vacancy

3. The concerned full-time or part-time long-term job vacancy should be registered with

LD.

4. The wage rate offered to the employee should comply with the Minimum Wage

Ordinance, at par with the market level and no less favourable than the employment

terms stated in the vacancy order displayed by LD.

Employer’s Eligibility

5. The employer has to hold a valid Business Registration Certificate (BRC), Certificate

of Registration of a School or other recognized license (payee of OJT allowance will

tally with the name of employer as appeared on such certificate or license andcannot be changed).

6. If the employer involves performance of outsourced services of government

departments/statutory bodies and the concerned tender contracts contain mandatory

terms on employment conditions (such as wage rate and working hours) of non-skilled

workers, the employer must observe such terms when job seekers are placed into these

positions. LD may request the employer to submit relevant documents for verification.

7. Upon completion of OJT by eligible employees under EPEM, the amount of OJT

allowance offered to the employer is as follows:

Type of

Post

Age of

Employee^

Amount of OJT Allowance*

(per month per employee)

Full-time

Post

Aged 40 to 59 50% of the employee’s salary of the month,

with the maximum amount up to $4,000

Aged 60 or

above

50% of the employee’s salary of the month,

with the maximum amount up to $5,000

Part-time

Post#

Aged 40 to 59 25% of the employee’s salary of the month,

with the maximum amount up to $4,000

Aged 60 or

above

50% of the employee’s salary of the month,

with the maximum amount up to $5,000

^ Age of employee at the commencement of employment.

* Under EPEM, when computing the salary of the job, any items which does not fall within

the definition of “wages” under the Employment Ordinance (e.g. discretionary bonus, end of

year payment, etc.), irrespective of how it is designated or calculated, should be excluded.

# Working 18 hours to less than 30 hours per week will be defined as part-time post.

Job Seeker’s Eligibility

8. The job vacancy must be filled by a job seeker eligible for EPEM [i.e. (i) aged 40 or

above at the time of employment and has an unemployment period of not less than 1

month within 1 year prior to the commencement date of employment, and (ii) has

registered with Job Centres of the LD] who commences employment after the vacancy

has been registered at LD.

Application Procedures

▼

Employers register full-time or part-time long-term job vacancies at

LD.

▼

After the job vacancy is registered with LD, job seekers obtain vacancies

information and apply for the post direct or through referrals of LD,

depending on the application method selected by employers.

▼

Employers employ suitable job seekers.

▼

If the job seeker does not hold a valid registration with LD, the employer

shall arrange he/she to register at any job centre as soon as possible.

▼

Employers have to submit the “Preliminary Application Form for

On-the-Job Training”(PAF), together with copies of BRC or recognized

license to LD within (i) 3 months from the date when the job vacancy is

posted at LD and, (ii) the first month after commencement of job seeker’s employment. Employees aged 60 or

above can make the preliminary application of RA in PAF at the same

time.

▼

After verification, LD will notify employers and employees by issuing a “Letter of Approval-in-Principle”. The

commencement date of OJT will be specified in the letter and under no

circumstances will this date be earlier than the issue date of the letter.

▼

Employers shall commence the approved OJT according to the date

specified in “Letter of Approval-in-Principle”.

▼

After completion of the approved OJT, employers should submit the

“On-the-job Training Allowance Claim Form” and salary cum attendance records of the employee timely.

Eligible employees aged 60 or above can submit “Retention Allowance

Claim Form” for claiming RA.

▼

Upon verification, OJT allowance or RA will be granted to the employer or

employee in a lump sum.

▼

LD reserves the final right to approve the preliminary application for OJT or

RA, to determine the length of OJT period, to grant OJT allowance or RA and its amount. In case of disputes

over the application or interpretation of terms and clauses of EPEM, the

authority of final decision rests with LD. The employer and the employee shall submit to the decision of LD.

Labour Department : Employment Programme for the Elderly and Middle-aged

《Application Guidelines》and《Preliminary Application Form for On-the-Job Training》

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9. There is no relative or prior employment relationship between the job seeker and the employer.

10. Eligible employees under EPEM who are aged 60 or above at the time of employment and stays at the job for three

months or more during the OJT period, can apply for RA from LD at the amount as below:

Type of

Post Period for RA Amount of RA*

Full-time

Post

Up to 12 OJT months

(subject to the length of OJT period approved by LD)

$3,000 for staying in the job for three months and

$1000 per month for completion of each subsequent month

Part-time

Post#

Up to 12 OJT months

(subject to the length of OJT period approved by LD)

$1,500 for staying in the job for three months and

$500 per month for completion of each subsequent month

* RA is calculated by each complete month within the OJT period.

# Working 18 hours to less than 30 hours per week will be defined as part-time post.

Application Requirements 11. After job seekers have secured full-time or part-time employment from long-term job vacancies registered at the LD, the

employer should submit a completed “Preliminary Application Form for On-the-job Training”(PAF) together with copies of

BRC, Certificate of Registration of a School or other recognized license to the Programme Office within (i) 3 months from

the date when the job vacancy is posted at LD and (ii) the first month after the commencement date of employment of the

employee. LD may request the employer to submit supporting documents on the salary and hours of work of the job (e.g.

the signed employment contract) for examination. If the concerned employee does not hold a valid registration with LD, the

employer shall arrange him/her to register at any Job Centre of LD as soon as possible.

12. Employees aged 60 or above can make the preliminary application of RA together with the PAF submitted by the employer.

13. In general, OJT lasts for 3 months for employee aged 40 to 59 and 6 months for employee aged 60 or above. Subject

to the approval of LD with assessment on the nature of the post and business, experience of the employees and mentors, and

mode and content of the training, etc., the OJT period may be extended to a maximum of 6 months and 12 months

respectively for deserving cases. To apply for OJT longer than 3 months (for employee aged 40 to 59) or 6 months (for

employee aged 60 or above), the employer should obtain a “Training Plan” from the Programme Office for completion and

submission together with the PAF.

14. If the employment of the concerned employee has just been terminated by the previous contractor upon expiry of an

outsourced service contract and is now engaged by the employer in the same position, the employer is required to submit a

“Training Proforma”. LD may also require other employers applying for EPEM to submit “Training Proforma” for

examination. Employers who have submitted “Training Plan” under paragraph 13 above will be exempted.

15. Upon verification of the application, LD will issue a “Letter of Approval-in-Principle” to the employer. The employer

should only commence the approved OJT under the EPEM upon receipt of this Letter. The approved name of employer,

OJT period, name of mentor, employee’s post and other employment terms and conditions shall be based on the

information at the time the “Letter of Approval-in-Principle” is issued. If the actual situation is different in future, LD

reserves the right to determine whether to grant OJT allowance/RA and its amount.

16. LD will provide copies of the PAF and relevant training forms (if applicable) submitted by the employer to the employee

concerned.

Employer’s Responsibility 17. There must be direct employment relationship between the employer and employee. The employer must undertake all legal

responsibilities as an employer under the Minimum Wage Ordinance, the Employment Ordinance, the Employee’s

Compensation Ordinance and other relevant ordinances.

18. The employer has to undertake not to displace existing staff of the same position with the newly placed employee.

19. During the approved OJT period, the employer has to provide OJT to the employee and assign an experienced staff as

mentor of the employee. Each mentor should coach no more than 10 employees at the same time.

20. During the course of OJT, the salary and/or other employment terms and conditions of the job should be no less favourable

than the situation when the “Letter of Approval-in-Principle” was issued. The employer should be responsible for the costs

of all operational and administrative expenses, as well as the depreciation of all assets and equipment. No fee or deposit,

under whatever title, should be collected from the employee.

Payment of OJT allowance

21. Upon completion of the whole OJT period, the employer should submit the “On-the-job Training Allowance Claim Form”

signed by both the employer and employee and salary and attendance records no later than 1 month after the end of wage

period for the last month of OJT period for claiming OJT allowance.

22. If the employment ends before completion of the approved OJT period, OJT allowance will not be granted if the OJTperiod underwent by the employee is less than 1 month. For cases where the OJT period underwent is 1 month or more, LD

reserves the right to grant OJT allowance proportionally. Employers who wish to apply for OJT allowance should submit

the “On-the-job Training Allowance Claim Form” signed by both the employer and employee, together with salary cum

attendance records, to LD for consideration within 1 month after the employment has been terminated and the wage has

been cleared to the employee.

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23. Except for statutory holidays, public holidays and rest days, OJT allowance will not be granted for days of leave or absence

of any kind of the employee. If the salary and/or other employment terms and conditions of the job is different from the

information at the time the “Letter of Approval-in-Principle” was issued, LD reserves the right to determine whether to

grant OJT allowance and its amount. Upon LD’s verification of the information submitted, OJT allowance will be granted

to the employer in a lump sum by cheque.

24. Each employer can submit a maximum of 80 “On-the-job Training Allowance Claim Form” for each quota year, i.e. 29

June to 28 June of the next year. Registered quota for submitted “On-the-job Training Allowance Claim Form” shall not be

cancelled or re-used, irrespective of whether the submissions are finally approved or not. When the registration quota for 80

submissions is met, LD will refuse further PAF and “On-the-job Training Allowance Claim Form” already submitted, or

submitted thereafter within the relevant year by the same employer, and other OJT cases still underway. Re-submission of

refused OJT applications due to quota filled in the following year will be rejected.

25. An employer is only allowed to submit one application for OJT allowance for each job seeker placed. LD reserves the right

to reject the application for training allowance if the employer has applied for other employment programme(s) of LD

(except the Work Trial Scheme) for the same employee. Employers are prohibited to receive double subsidy from the

Government or other organisations in respect of the OJT allowance claimed under EPEM.

26. LD reserves the right of final decision on the calculation of OJT allowance. Application for OJT allowance will be rejected

if the employer fails to comply with any requirements set out in this Application Guidelines, or fails to provide OJT as

approved under EPEM, or fails to discharge legal responsibilities as an employer under the Minimum Wage Ordinance, the

Employment Ordinance, the Employee’s Compensation Ordinance or other relevant ordinances, or fails to provide

information timely as required by LD, or omits any information, or provides false or erroneous information.

Payment of RA (for eligible employees aged 60 or above) 27. If the eligible employee stays at the same job for three months or more during the OJT period, he/she can submit the

“Retention Allowance Claim Form” signed by both the employer and employee within two months at the end of the

training period or when the employment is terminated (whichever is earlier) for claiming RA. LD reserves the right to

request the employer or employee to provide supporting documents in relation to the employment (such as employment

contracts, wage/attendance/training/MPF records, employer’s return of remuneration and pensions and other specified

information, etc.) for examination purpose. Upon LD’s verification of the information submitted, RA will be granted to the

employee in a lump sum by cheque.

28. Each eligible employee can receive RA for a maximum period of 12 months (i.e. up to $12,000) under the three-year pilot

scheme.

29. Eligible employee can only claim RA once for each job, and he/she cannot apply any allowance under other employment

programme(s) of LD (except Work Trial Scheme) and cannot receive double subsidy from the Government.

30. LD reserves the right of final decision on the calculation of RA. Application for RA will be rejected if the employee fails to

comply with any requirements set out in this Application Guidelines, or fails to fulfil the requirements for the application of

RA, or fails to provide information timely as required by LD, omits any information or provides false or erroneous

information.

Points to Note

31. Employees are entitled to all other rights, benefits or protections in accordance with the provisions of the Employment

Ordinance, the Minimum Wage Ordinance, the Employee’s Compensation Ordinance, the Mandatory Provident Fund

Schemes Ordinance and other relevant ordinances. When drafting employment contracts, the employers can refer to “Using

Written Employment Contract (booklet)” and “Sample Employment Contract”, which can be downloaded at LD webpage

(www.labour.gov.hk).

32. LD has the right to conduct on-site inspections to the workplace and require the employer or employee to produce relevant

documents, such as BRC, employment contracts, wage and attendance records, MPF records, training records, employer’s

return of remuneration and pensions and other information for examination.

33. The employer and the employee shall provide true and accurate information. Provision of false or erroneous information for

obtaining or intending to obtain any allowances under this programme will be liable to an offence, and the case may be

referred to other divisions of LD, other government departments and/or statutory bodies for follow-up.

34. LD reserves the final right to approve preliminary application for OJT or RA, to determine the length of OJT period and to

grant OJT allowance and RA and its amount. In case of disputes over the application or interpretation of terms and clauses

of the EPEM, the authority of final decision rests with LD. The employer and the employee shall undertake to submit to the

decision of LD.

35. For submission by post, please make a copy of the filled application forms for record and ensure sufficient mailing time and

postage to make delivery in order. Underpaid mail will be rejected. For submission by fax, please keep the fax-generated

logsheet that shows the successful transmission record.

36. This《Application Guidelines》will be updated at times and the terms should be subject to the latest version. For enquiries,

please contact the EPEM Hotline at 2150 6398 (address: 10/F., Kowloon East Government Offices, 12 Lei Yue Mun Road,

Kwun Tong), or visit the EPEM dedicated webpage on the Interactive Employment Service website at www.jobs.gov.hk.

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《Preliminary Application Form for On-the-Job Training》 Labour Department - Employment Programme for the Elderly and Middle-aged

(Programme Hotline : 2150 6398, Fax : 2391 3937, E-mail Address: epem_enq@labour.gov.hk)

(* Please delete as appropriate)

Part I : To be completed by Employer 1. Our company/organisation has employed the following job seeker as a direct employee. We would like to provide him/her

with On-the-Job training (OJT) and apply for training allowance. Details are as follows: (The employee must be aged 40 or above at the time of employment, has an unemployment period of not less than 1 month within 1 year prior to the commencement date of employment and has registered with the Labour Department (LD). A copy of this form submitted by the employer will be provided to the respective employee.)

Name of company/ organisation :

Employee’s name :

LD Job Order No.: Employee’s ID No. :

Name of company’s representative:

Employee’s date-of-birth :

Post :

Contact no. :

Fax no. :

Employee’s post :

Employee’s duty :

Employee’s working location :

Business Registration Certificate/ Certificate of Registration of a School/ other recognised license Registration No.:

Employee’s employment commencement date:

until either party terminates the contract for a fixed term contract for a period of _____ * month(s) / year(s), ending on ___________________________

____________________________________________________

Date of expiry : _______________________________________ (The employer has to hold a valid BRC, Certificate of Registration of a School or other recognised license. The payee of OJT allowance will tally with the name of employer as appeared on such certificate or license, and cannot be changed.)

Other employment terms (Please specify):___________________

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

Employee’s Salary:

Basic wages of $ ___________________ per * hour / day / week / month/ piece; plus Commission/Allowance/Others* : $___________________

Employee’s Working hours:

Fixed, at ___________days per week, _________ hours per day From_______*am/pm to _______ *am/pm And _______*am/pm to ________ *am/pm Shift work required, at ________days per week,____ hours per day from_______*am/pm to ________ *am/pm and________*am/pm to _______ *am/pm Others (Please specify):____________ _________________________________

2. Was there any employment relationship between your company/organisation and the employee prior to the currentemployment? There was no prior employment relationship between us. There was prior employment relationship between us. (Details: _______________________________________________)

Attention: 1. Before completing this form, employer and employee should refer to the “Application Guidelines” of the Programme.2. This form should be submitted within (i) 3 months from the date when the job vacancy is posted at Labour Department and (ii) the first month

after the commencement date of employment of the employee. Please fax the completed form together with copies of Business Registration Certificate (BRC), Certificate of Registration of a School or other recognised license to the Programme Office. Labour Department mayrequest the employer to submit supporting documents on the salary and hours of work of the job (e.g. the signed employment contract) for examination. Please keep the fax-generated logsheet that shows the successful transmission record. For submission by post, please make a copy of the completed form for record and ensure sufficient mailing time and postage to make delivery in order. Underpaid mail will be rejected. If you do not receive the acknowledge receipt from the Programme Office within 2 working days, please call our Programme hotline.

3. For employment commenced on or after 1 September 2020, the on-the-job training allowance payable to employer per month per employee is up to $4,000 for 3 to 6 months on-the-job training (for employees aged 40 to 59) and up to $5,000 for 6 to12 months on-the-job training (for employees aged 60 or above).

4. Labour Department launched a three-year “Retention Allowance” pilot scheme (From 1 September 2020 to 31 August 2023), to provide retention allowance (“RA”) to elderly employees who participate in the Employment Programme for the Elderly and Middle-aged (“EPEM”). Ifan employee is aged 60 or above at the time of employment, and stays at the job for three months or more during the on-the-job training period, he/she can apply for RA at the end of the training period or when the employment is terminated. The RA payable to employeesstaying in a full-time job for three months is $3,000, and an additional $1,000 for each subsequent month for staying in the same job; the RA payable to employees staying in a part-time job for three months is $1,500, and an additional $500 for each subsequent month for staying in the same job. Each eligible employee can receive RA for a maximum period of 12 months (i.e. up to $12,000) under the three-year pilot scheme. Should you have any enquiries, please call the EPEM hotline.

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3. Does your company/organisation involve in the provision of outsourced services for the above post of the employee? Yes [name of govt dept / statutory or public body / private company*: ___________________________________________;

contract period: from _____________ to_________; service locations under the contract:___________________________ ] No

4. Was the employee employed by the previous services contractor and is now engaged by your company/organisation in thesame post? Yes, the employee’s employment with the previous contractor was terminated on _____________ and the workplace was

___________________ (e.g. name of housing estate/building/cultural or recreation amenity, etc.) (Please contact the Programme Office for a “Training Proforma” for completion.)

No

5. Our company/organisation intends to provide the following OJT items to the employee: (Items with below are mandatory,please select at least 2 other items among the remaining items) Company structure, business nature & human

resources policy Occupational safety and health

Product and service knowledge Computer or equipment operations

Employee’s role and duties Customer service

Workflow, procedures, knowledge & skills of work Workplace hygiene Assignment of a Mentor (please go to question 6 for

Mentor’s information) Others :_____________________________ (Please specify)

6. Details of the employee’s Mentor : Name : ___________________(English) ; _________________(Chinese)

Post : ___________________ ; Date joined our company : _______________

7. Our company/organisation applies for the provision of OJT to the employee for a duration of :

For employees aged 40 to 59 For employees aged 60 or above

3 months ________months 6 months ________months In general, OJT lasts for 3 months for employee aged 40 to 59 and 6 months for employee aged 60 or above. To apply for longer OJT (up to a maximum of 6 months for employee aged 40 to 59 and 12 months for employee aged 60 or above), please obtain a “Training Plan” from the Programme Office for completion. Please note that according to our vetting criteria, the duration of OJT for certain posts, e.g. security guard, cleaning worker and general clerk, etc., is 3 months (for employee aged 40 to 59) and 6 months (for employee aged 60 or above).

8. I/ Our company/organisation will apply/has applied* for other employment programme(s) of LD for the above employee(ExceptWork Trial Scheme): Yes (Name of the Employment Programme(s):____________________________ Date of Application: ________________) No

9. I/ Our company/organisation confirm that the above employee is not a relative of the proprietor/director/responsible person ofour company/organisation. The employee is not a relative of the management of the company/organisation. The employee is a relative of the management of the company/organisation. (Details: _____________________________)

10. Declaration by the Employer :

(1) Our company/organisation undertakes to be in full compliance with the rules and regulations set out in the “Application Guidelines” of the Programme, and agrees to submit the information as required by LD, such as Business Registration Certificates, Certificate of Registration of a School or other recognised license, employment contracts, wage/attendance/training/MPF records, employer’s return of remuneration and pensions and other specified information, etc. for examination purpose.

(2) Our company/organisation undertakes to discharge the legal responsibilities as an employer under the Minimum Wage Ordinance, Employment Ordinance, Employees’ Compensation Ordinance and other relevant ordinances, and undertakes not to displace existing staff of the same position with the above placed employee. Our company/organisation also confirms that the above placed employee is not a relative of the management of our company/organisation.

(3) Our company/organisation agrees that the Programme Office/Job Centres of LD can obtain information about our conviction records in respect of any relevant ordinances from other divisions of the LD and other government departments/statutory bodies, and we also give consent to the divisions and departments/statutory bodies concerned to provide such information.

(4) I declare on behalf of our company / organisation that our company / organisation has not / will not receive double subsidy from the Government or other organisations in respect of the on-the-job training allowance claimed under this Programme.

(5) Our company/organisation declares that all the information provided to LD is true and correct, and understand that provision of false or erroneous information for obtaining or intending to obtain on-the-job training allowances will be liable to an offence, and the case may be referred to other divisions of LD, other government departments and/or statutory bodies for follow-up.

Signature of responsible person of company/organisation:

Full name and post of responsible person:

Company Chop : Date :

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Part II : To be completed by Employee I, _________________(name) have been employed by the above employer according to the terms stated in Part I as a direct employee and confirm the details as follows:

11. I have an unemployment period of not less than 1 month within 1 year prior to the commencement date of my employmentmentioned in Part I of this form: Yes No Unemployment period (can be multiple periods within a year):____________________________________________

12. Was there any employment relationship between you and the company/organisation prior to the current employment? There was no prior employment relationship between us. There was prior employment relationship between us. (Details: _______________________________________)

13. Is there any relative relationship between you and the proprietor/director/responsible person of the company/organisation? I am not a relative of the management of the company/organisation. I am a relative of the management of the company/organisation. (Details: _________________________________)

14. To acquire and enhance the skills and knowledge required for the post mentioned in Part I of this form, I agree having the needfor on-the-job training: Yes No

[Items 15 and 16 are for the employees aged 60 or above at the commencement of employment only]

15. I would like to apply for the “Retention Allowance” pilot scheme and agree to provide my information in relation to myemployment upon request to LD for examination purpose. Yes No

16. I have not applied/ will not apply any employment programme(s) of LD (except Work Trial Scheme) and have not received/ willnot receive double subsidy from the Government. Agree Not agree (employment programme__________________Date:__________)

17. Declaration by the Employee:(1) I undertake to be in full compliance with the rules and regulations set out in the “Application Guidelines” of the Programme, and

agree the above employer to provide information in relation to my employment, such as employment contract,wage/attendance/training/MPF records, employer’s return of remuneration and pensions, etc., to LD for examination purpose.

(2) I declare that all the information provided to LD is true and correct, and understand that provision of false or erroneous information intentionally will be liable to an offence, and the case may be referred to other divisions of LD, other government departments and/or statutory bodies for follow-up.

Signature of Employee: Date:

Name of Employee: ID No. of Employee:

Statement of Purposes for personal data collection

1. Purpose of collection: The personal data provided by you, including those in this form, will be used for processing the application under the Employment Programme for the Elderly and Middle-aged and other related purposes.

2. Classes of transferees: Labour Department may transfer information provided by you to the employee concerned/ the employer company/ organization representative. The information may also be disclosed to other divisions of the Labour Department and/or other government departments/statutory bodies for verification purposes.

3. Access to personal data: You have a right to access and correction in respect of your personal data as provided for in Section 18 and 22and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance. Your right of access includes the right to obtain a copy of record ofyour personal data.

4. Enquiries: Enquiries concerning your personal data collected, including the making of access and corrections, should be addressed to the Manager of the Employment Programme for the Elderly and Middle-aged Coordination Office (address : 10/F Kowloon East Government Offices, 12 Lei Yue Mun Road, Kwun Tong. Programme hotline: 2150 6398).