Rules

Use of MD titles / logos / collaterals

All organisations which have passed through the two stages of assessment and received confirmation from the ERB as Manpower Developers (MDs) are authorised to use the designated titles and logos. They must comply with the rules and regulations stipulated under the “Guidelines on Use of the MD Logos” which will be provided upon confirmation of award.



Validation period and status renewal of MD

The MD status is valid for 2 years from the date of award. To maintain its MD status, an organisation needs to submit its renewal application once every 2 years. The form must reach the ERB at least 3 months prior to the expiry of its status. Any status renewal request received after the expiry date will not be processed. The organisation is authorised to maintain its MD status if it passes the renewal assessment. If the MD status has been suspended or terminated, no renewal application will be accepted.



Withdrawal

Any MD that wishes to withdraw from the Scheme within the validation period must notify the ERB in writing and return all the documents and materials in relation to the Scheme, and at the same time, terminate the use of materials printed with the MD logo.



Decline for renewal, suspension or termination of MD status

The ERB has absolute right in making the final decision, ranging from decline for renewal, suspension, to termination of status, in accordance with the investigation report submitted by the Technical Consultant (TC). The ERB, at its sole discretion and without any liability, reserves the right to investigate in and suspend the MD status of an organisation if the latter is believed to have committed / involved in the case of any of the following:


  • any information or documents provided by the organisation in relation to an application, renewal or review related to the Scheme is inaccurate or misleading;
  • violation or failure to comply with the Code of Conduct for MD;
  • failure to comply with the guidelines on use of MD logos;
  • violation or failure to comply with the Labour Legislation by the Government of the HKSAR, including but not limited to the Employment Ordinance, the Employees’ Compensation Ordinance, the Occupational Safety and Health Ordinance and the Factories and Industrial Undertakings Ordinance, etc;
  • violation or failure to comply with all the laws, ordinances, and regulations in relation to its business and operation;
  • failure to obtain a business registration or other relevant license as required by law;
  • the organisation / its operation is deemed by the ERB to have damaged or potentially damaged the reputation or interests of the Scheme and the ERB;
  • being bankrupt or facing a winding-up order, or engaged in a lawsuit with a creditor under ordinances of the HKSAR involving bankruptcy and insolvency;
  • the cessation or termination of its business or operation.

Suspension shall continue until it is lifted by the ERB. The ERB reserves the sole and absolute right to decline for renewal, suspend or terminate the MD status of the organisation, and shall not be liable for any loss or damage incurred as a result of this discretion.


Once engaged in the event of decline for renewal, suspension or termination of MD status, the organisation is required to comply with and implement the following:


  • suspend or terminate its use / display of the MD logos and status proofs associated with the Scheme, and all the promotion materials with the MD logo;
  • return all the documents with the Scheme’s logo and the related promotion materials, or to deal with these materials in accordance with the instructions of the ERB;
  • suspend or terminate its utilization of the MD benefits associated with the Scheme; and
  • accept the prescribed announcement of any decline for renewal, suspension or termination of MD status by the ERB.

MD who fails to renew its status implies the deprivation of rights for renewal application upon completion of that particular validation period, despite the fact that it can continue to enjoy the entitled MD benefits within the current validation period. These organisations can only submit their application again after 24 months from the last day of that specific validation period.


If the organisation would like to maintain MD status while the status suspension order has not been lifted upon completion of that particular validation period, re-application is deemed necessary. However, re-application will be only accepted upon settlement on the former involvement with reasonable grounds and justifications.


Organisations with its MD status being terminated will be deprived of all the prescribed benefits. Re-application from these organisations will not be accepted.



Request for results review

Applicants or MDs can request for results review if dissatisfied with a decision of the ERB regarding the following:


  • declined of its application to the Scheme
  • declined of renewal application
  • suspension or termination of MD status

A request for review, with reasonable grounds, relevant details and evidences, must be filed within 1 month from the issuance date of the ERB’s notification in writing of the relevant decision; otherwise the request will not be processed.


TC will be responsible for handling the results review requests while authorised to seek additional information and to arrange for meetings with specific personnel of the organisation at the time of investigation. Taking all evidences into account, the ERB will make reference to TC’s recommendation in reaching the final decision within 2 months from the day that the results review request raised by the organisation.