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Marks Domestic Helper Agency Limited (Marks) (located in Tsuen Wan) was convicted and fined $30,000 at Tsuen Wan Magistrates' Courts on January 18 for overcharging two job seekers. The Court also ordered Marks to refund excessive placement fees of $4,209 to the job seekers. Marks' licence had already been cancelled in April 2015.
According to the law, EAs are not allowed to collect from job seekers any fees or charges other than the prescribed commission, which is set at 10 per cent of the latter's first month's salary upon successful placement.
In April 2015, the Employment Agencies Administration (EAA) of the Labour Department (LD) received complaints against Marks for overcharging of commission from job seekers. Investigation revealed sufficient evidence that Marks had collected excessive placement fees from several foreign domestic helpers (FDHs). With the FDHs concerned willing to act as prosecution witness, LD then took out prosecution against the agency after consulting the Department of Justice.
"We are glad that the FDHs concerned were willing to come forward to report their cases to the EAA and act as prosecution witnesses," a spokesman for the LD said. "The LD will not tolerate any EAs overcharging job seekers and will act promptly upon receipt of any complaints. Prosecution will be initiated when there is sufficient evidence and the Commissioner for Labour will consider revoking, or refusing to renew, an EA's licence upon its conviction. Any job seekers who suspect that they have been overcharged by EAs should report their case to the EAA as soon as possible and act as prosecution witness."
Marks is the first EA that has been convicted of overcharging this year. Nine EAs were convicted of overcharging last year including Bagus Employment Agency (located in Central), Satisfactory Employment & Travel Centre Limited (located in Tai Wai), Vicks Maid Consultant Company (located in Sha Tin), Joyce Agency (located in Kwai Chung), Maidhouse Employment Agency Co Limited (located in Tsuen Wan), Smile Sunshine Employment Limited (located in North Point), Shun Tat Employment Agency Company (located in Causeway Bay), Artellect Limited (located in Tuen Mun) and 3sion Employment Agency (located in Tin Hau).
For enquiries or complaints about unlicensed operations of or overcharging of commissions by EAs, please call the EAA at 2852 3535 or visit its office on 12/F, Harbour Building, 38 Pier Road, Central, Hong Kong.
Ends/Thursday, January 21, 2016
Issued at HKT 17:55
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