LCQ11: Strengthening regulatory oversight of employment agencies for foreign domestic helpers
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Question:
It is reported that according to the latest announcement by the Consumer Council (the Council), the Council has received a total of 391 complaints against employment agencies (EAs) for foreign domestic helpers (FDHs) since 2023, including cases where FDHs failed to report for duty as scheduled and instances where their competence did not meet expectations. In this connection, will the Government inform this Council:
(1) of the following information regarding EAs in each of the past three years (set out in a table):
(i) the number of complaints received against EAs and the year-on-year rates of change (broken down by nature of complaint); and
(ii) the number of cases involving suspected breaches of the law, prosecutions and convictions, as well as the year-on-year rates of change;
(2) as there are views pointing out that in situations where FDHs fail to report for duty as scheduled or their competence does not meet expectations, some EAs invoke exemption or waiver clauses in their contracts to refuse refunds or provide only limited substitution options, what measures the authorities have in place to prevent EAs from including in their contracts terms, such as the aforesaid exemption clauses, which are unfair to consumers, so as to enhance protection for employers;
(3) whether it will explore requiring EAs to adopt the following measures to enhance protection for employers: (i) taking reasonable steps to prevent fraud when arranging video interviews for FDHs and assuming corresponding liability if fraud is discovered, (ii) stipulating that EAs must establish a clear refund mechanism in contracts for situations such as a failure to report for duty as scheduled (e.g. mandating a refund after a specified number of substitution attempts), and (iii) explicitly requiring EAs to verify material information of FDHs (such as work experience and language proficiency) and provide employers with the relevant supporting proof; if so, of the details; if not, the reasons for that;
(4) whether it will explore introducing stricter penalties or establishing a "blacklist" system to revoke the licences of EAs that have repeatedly contravened regulations or attracted a substantial number of complaints, and to prohibit the responsible persons of such EAs from re-establishing similar services, with a view to strengthening regulatory oversight; if so, of the details; if not, the reasons for that; and
(5) what measures are in place to further strengthen public education, such as whether it will collaborate with the Council to enhance public education to remind members of the public of their rights when employing FDHs and the points to note when selecting EAs?
Reply:
President,
The Labour Department (LD) enforces Part XII of the Employment Ordinance (EO), the Employment Agency Regulations and the Code of Practice for Employment Agencies (CoP), and regulates employment agencies (EAs) in Hong Kong through license administration, inspections, complaint investigation and prosecution, so as to protect the rights of job seekers and employers.
The reply to the Member's question is set out below:
(1) The LD rigorously follows up on every complaint against EAs. Figures on complaints against EAs received and investigated, and prosecutions taken out by the LD in each year from 2023 to 2025 are as follows.
(i) Breakdown of complaints against EAs by complaint items
| Complaint items | 2023 | 2024 | 2025 |
| Overcharging commission from job seekers | 44 | 50 (+13.6%) |
56 (+12.0%) |
| Unlicensed operation | 43 | 31 (-27.9%) |
47 (+51.6%) |
| Non-compliance with CoP | 146 | 145 (-0.7%) |
202 (+39.3%) |
| Other breaches | 76 | 67 (-11.8%) |
68 (+1.5%) |
| Total | 309 | 293 (-5.2%) |
373 (+27.3%) |
(ii) Figures on EAs prosecuted by LD
| 2023 | 2024 | 2025 | |
| Number of EAs successfully prosecuted and convicted | 4 | 11 (+175%) |
5 (-54.5%) |
(2) and (3) EAs are required to operate in accordance with the law and abide by the CoP issued by the LD. The CoP sets out the legislative requirements that EAs must observe and the standards which the Commissioner for Labour expects EAs to meet, such as maintaining transparency in business operations, drawing up written service agreements with job seekers and employers, providing payment receipts, and avoiding involvement in the financial affairs of job seekers, etc. If the licensee of an EA, or a related person of or an individual employed by the licensee fails to comply with the CoP, the LD may refuse to issue or renew a licence, or may revoke the licence of the EA under EO.
To further enhance the professionalism and service quality of EAs, the LD promulgated the revised CoP in May 2024, introducing additional requirements expected of EAs by the Commissioner for Labour, which include that EAs must specify in the written service agreements drawn up with job seekers and employers the scope of services, the fees charged on each service item, payment arrangements, etc, and clearly state whether the EAs will provide a refund or arrangements for replacement of foreign domestic helpers (FDH) in case the EAs' services are not delivered in full or if the FDHs prematurely terminate the employment contracts. These revisions enhance the transparency of service fees charged by EAs and strengthen the protection of the rights of employers as customers. In the course of revising the CoP, relevant organisations (including the Consumer Council) had been consulted.
The CoP requires EAs, when providing services to job seekers and employers, to exercise due diligence in verifying the information provided by both parties, and ensure that any information provided to both sides is consistent with the facts known to the EAs. When charging service fees to employers, EAs must make sure that the job applicants referred to employers meet the qualifications and other requirements listed by the employers. In addition, EAs should exercise professional judgment in selecting any business partners within and outside Hong Kong, and consider the reliability of information on job seekers provided by their business partner(s) located outside Hong Kong, including but not limited to the job seekers' academic qualifications, skills, training received, etc.
Job seekers and employers should compare the services and fees offered by different EAs and choose the EAs that suit their needs. They should carefully read and understand relevant terms before signing the service agreements. If unreasonable terms are spotted in the service agreements, they should refuse to sign and, where necessary, seek assistance from the Customs and Excise Department, the Consumer Council or the LD.
(4) To enhance transparency of the past records of EAs, the LD's Employment Agencies Portal not only uploads information on EAs with valid licences, but also publishes records of EAs that have been convicted of overcharging commissions or unlicensed operation, have had their licences revoked or renewal refused, and have been issued written warnings. This facilitates the public in making informed decisions when engaging EA services, avoiding impairment of their rights.
The LD has also established regular liaison mechanism with the consulates-general of major FDH-sending countries in Hong Kong to strengthen collaboration and exchange of information on unscrupulous EAs with a view to ensuring the rights of employers and FDHs are fully protected. If malpractices by organisations outside Hong Kong in arranging FDHs to take up employment in Hong Kong are identified, the LD will reflect the matter to relevant governments concerned through the liaison mechanism and request appropriate follow-up actions.
(5) To facilitate job seekers and employers in understanding issues requiring their attention when engaging EA services, the LD has published relevant guidelines on the Employment Agencies Portal and the Foreign Domestic Helpers Portal, which set out in detail the rights and points-to-note for employers and employees. The LD will continue to disseminate information through the above portals and various channels, step up public education and enhance relevant knowledge of job seekers and employers. The LD will also sustain liaison and collaboration with stakeholders (including the Consumer Council), and explore appropriate measures to enhance the regime of regulating EAs to strive to safeguard the rights of job seekers and employers.
Ends/Wednesday, May 13, 2026
Issued at HKT 11:35
Issued at HKT 11:35
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