Code of Practice for Employment Agencies promulgated
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The CoP highlights the salient legislative requirements, notably those under the Employment Ordinance (EO) (Cap. 57), the Employment Agency Regulations (Cap. 57A), the Immigration Ordinance (Cap. 115) and the Personal Data (Privacy) Ordinance (Cap. 486), that EA operators must follow. It also sets out the minimum standards which the Commissioner for Labour expects of EA licensees, some of which are particularly relevant to EAs engaging in the placement of foreign domestic helpers. These include, for example, maintaining transparency in business operations, drawing up service agreements with job seekers and with employers, provision of payment receipts and avoiding involvement in financial affairs of job seekers.
A spokesman for the LD said, "The Employment Agencies Administration of the LD will closely monitor EAs' compliance with the CoP and will conduct regular inspections of EAs. It may issue warning letters to EAs for rectification of irregularities detected, including but not limited to failing to meet the statutory requirements and/or standards set out in the CoP."
The spokesman added, "EA operators should comply with the statutory requirements and standards set out in the CoP, which is one of the important factors that the Commissioner will take into account when assessing if the licensee is a fit and proper person to operate an EA under section 53(1)(c)(v) of the EO."
The CoP is now available for download at the LD's webpage (www.labour.gov.hk). Hard copies can be obtained at offices of the LD and the Home Affairs Enquiry Centres of the Home Affairs Department starting from January 17.
The LD today also launched the dedicated Employment Agencies Portal (www.eaa.labour.gov.hk), which is a one-stop platform to assist the public, including employers and job seekers, to gain access to information relating to regulation of EAs in Hong Kong.
The Portal provides a user-friendly search function so that the public can easily check if an EA has a valid licence. They can search for EAs by using different criteria such as district and placement type. The Portal also contains useful reference materials and publications, including the CoP.
The spokesman said, "Before engaging an EA or making any payment to EAs, employers and job seekers are encouraged to understand their rights and obligations. Operators or staff of EA should also refer to the corresponding parts of the Portal for the salient legislative requirements that they must follow, as well as the various procedures in relation to making licence applications. The LD will update the website from time to time to provide the public with the latest information related to EAs."
For enquiries concerning the CoP and the Portal, please contact the LD at 2115 3667.
Ends/Friday, January 13, 2017
Issued at HKT 16:45
Issued at HKT 16:45
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