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The Labour Department (LD) has reminded operators of employment agencies to conduct their business in compliance with the laws of Hong Kong, or else they will face prosecution and their licences may be revoked. The reminder came after two recent court cases which show the consequences of non-compliance.
"The first case involves a conviction for the unlicensed operation of an employment agency under the Employment Ordinance subsequent to an investigation into a complaint of overcharging from a foreign domestic helper. The employment agency licence of Tiffany Consultant was revoked by the LD after the licensee was convicted and fined $3,000 for operating an employment agency without a licence on the offence date. The licensee was also ordered by the court to pay compensation of $3,000 to the foreign domestic helper concerned," a spokesman for the department said.
"The second case involves a conviction under the Immigration Ordinance. The employment agency licence of May's Choice Employment Agency was revoked by the LD after the licensee was convicted for aiding and abetting a breach of condition of stay in Hong Kong," the spokesman added.
"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 has been convicted of an offence involving membership of a triad society, fraud, dishonesty or extortion, or for any other reason, he is not a fit and proper person to operate an employment agency," the spokesman explained.
In addition, according to Part XII of the Employment Ordinance and the Employment Agency Regulations, 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 per cent of his first month's salary after a successful placement. The maximum penalty for overcharging a job seeker is $50,000.
The Employment Ordinance also stipulated that operators of employment agencies have to apply for licences from the Employment Agencies Administration of the Labour Department. The unlicensed operation of an employment agency is subject to a maximum penalty of $50,000.
To make inquiries or complaints against unlicensed operations or overcharging of commissions by employment agencies, please call the Employment Agencies Administration on 2852 3535 or visit its office at 12/F, Harbour Building, 38 Pier Road, Central, Hong Kong.
Ends/Saturday, November 5, 2011
Issued at HKT 16:01
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