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The Labour Department reminds employment agencies to comply with the law or face prosecution and possible revocation of licences in light of a recent court case.
The recent case reflects the consequences of non-compliance with the law. The case involved Goodearth Services Company Limited which was fined $9,000 at the Kwun Tong Magistrates' Courts for overcharging a job seeker.
The employment agency concerned was found to have charged commission of several thousand dollars from a foreign domestic helper before and after placement. Although the said agency refunded all the placement fees to the complainant, it could not dodge the criminal liability of contravening the Employment Ordinance for overcharging.
According to Part XII of the Employment Ordinance, the operator of an employment agency is not allowed to charge any reward, payment or other advantage in respect of expenses from a job seeker directly or indirectly in connection with having obtained, obtaining or seeking to obtain employment for him, except a commission of not more than 10% of his first month's salary after a successful placement. The maximum penalty for overcharging a job seeker is $50,000.
Under the Employment Ordinance, the Commissioner for Labour may refuse to issue or renew, or may revoke, a licence if the employment agency operator has contravened any provision of Part XII of the ordinance or the Employment Agency Regulations, or if the operator has been convicted of an offence involving membership of a triad society, fraud, dishonesty or extortion, or if for any other reason, he is not considered a fit and proper person to operate an employment agency.
For inquiries or complaints against unlicensed operations or overcharging of commissions by employment agencies, please call the Employment Agencies Administration at 2852 3535 or visit its office at 12/F, Harbour Building, 38 Pier Road, Central, Hong Kong.
Ends/Saturday, December 20, 2008
Issued at HKT 14:00
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