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A woman was fined $3,000 at the Kowloon City Magistrates' Courts today (August 15) for operating an employment agency without a licence. The defendant was also ordered to compensate $3,000 to the job seeker concerned. The prosecution was launched by the Labour Department.
A spokesman for the department reminded employment agency operators to comply with the law or else they will be liable to prosecution. Licensees may even face revocation of their licence.
The Employment Agencies Administration received a complaint of overcharging from a foreign domestic helper against the employment agency concerned in March this year. The investigation revealed that the said agency operated without a licence and collected payment from the complainant.
According to Part XII of the Employment Ordinance, operators must apply for a licence before starting an employment agency business. The licence fee, as stipulated in the Employment Agency Regulations, is $2,000 for a main office and $385 for a branch office. The maximum penalty for unlicensed operation is $50,000.
In addition, 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 the first month's salary of the job seeker 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 enquiries or complaints about unlicensed operations or the overcharging of commissions by employment agencies, please call the Employment Agencies Administration at 2852 3535 or visit its office on 12/F, Harbour Building, 38 Pier Road, Central, Hong Kong.
Ends/Monday, August 15, 2011
Issued at HKT 18:00
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