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The Labour Department (LD) reminded person(s) who wish to operate employment agencies (EAs) to apply for licences before operation or they may face prosecution.
The reminder came after a court case at Eastern Magistrates' Courts last Friday (May 27) in which a person was convicted and fined $5,000 for operating an EA (under the business name Enoch Employment Agency in Wan Chai) without a valid licence.
In November 2015, the Employment Agencies Administration (EAA) of the LD received a complaint against the EA concerned from an employer seeking to engage foreign domestic helpers. Investigation revealed sufficient evidence that the operator had operated an EA without a licence. With the complainant willing to act as prosecution witness, the LD then took out prosecution against the operator.
According to the law, any establishment or person operating a business in Hong Kong for the purpose of obtaining employment for another person or supplying personnel to an employer is subject to the regulation of Part XII of the Employment Ordinance (EO) and the Employment Agency Regulations. Irrespective of the modus operandi or the job types involved, all EAs must obtain a licence issued by the LD before undertaking any EA activities.
This is the third conviction under Part XII of the EO this year. Two other EAs, namely Marks Domestic Helper Agency Limited (located in Tsuen Wan) and Ka Ying Employment Agency (located in Cheung Sha Wan) were convicted of overcharging.
For enquiries or complaints about unlicensed operations or overcharging of commissions by EAs, please call the EAA at 2115 3667 or visit its office on Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.
Ends/Thursday, June 2, 2016
Issued at HKT 11:06
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