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Ka Ying Employment Agency Limited, the licensee of Ka Ying Employment Agency (Ka Ying)(located in Cheung Sha Wan), was convicted and fined $7,000 at Kowloon City Magistrates' Courts on January 20 for overcharging a job-seeker. The Court also ordered Ka Ying to refund excessive placement fees of $2,089 to the job-seeker.
According to the law, employment agencies (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 March 2015, the Employment Agencies Administration (EAA) of the Labour Department (LD) received a complaint against Ka Ying for overcharging of commission from a job-seeker. Investigation revealed sufficient evidence that Ka Ying had collected excessive placement fee from a foreign domestic helper (FDH). With the FDH concerned willing to act as prosecution witness, LD then took out prosecution against the agency.
"We are glad that the FDH concerned was willing to come forward to report her case to the EAA and act as prosecution witnesses," a spokesman for LD said. "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."
Ka Ying is the second EA convicted of overcharging this year. In addition to Ka Ying, another EA named Marks Domestic Helper Agency Limited (located in Tsuen Wan) was also convicted of overcharging earlier this month, where in 2015, there were nine EAs, namely 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) being found guilty of the same offence.
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/Friday, January 22, 2016
Issued at HKT 10:17
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