Co A's Shanghai office only has 5 persons and we were told by the Company full payments have been made in the past. As to Shenzhen office, Company mentioned that whilst payments to both social insurances and housing provident fund were made, NOT full payments were made. It was mentioned only about 50% of such payments were made to date. In other words, there has been an underpayment situation in the Shenzhen office.
PRC legal adviser mentioned that (1) it is important that full payments are made by the Company soonest (best to demonstrate that rectification has been made in Aug 2015) and (2) authorities in China do not accept late payments. As such, retribution is not possible.
In order to satisfy Hong Kong authorities requirement, he suggests (1) made full payments Aug mentioned above; (2) ask the authorities (responsible for social insurance and housing provident fund departments) to issue compliance confirmation(合规证明)and there is a need to arrange interviews to relevant departments in early September. Prior to requesting above interviews, it is important to send to the authorities our written requests. And PRC legal adviser will ask the interviewees to sign on their responses to the questionnaire immediately after the interviews.
合规证明 will be sought from BOTH Shenzhen and Shanghai authorities whereas interview will also be arranged with Shenzhen authorities.
Company is requested to provide a list of employees and to show underpaid amounts in the past to both PRC lawyers, Deloitte and Sponsor.