Labour warns of punishment for unlicensed FDH recruiters

People operating employment agencies and recruiting foreign domestic workers for employers in Hong Kong must obtain a license or face severe punishment, the Labour Department has warned.

The warning came after the LD successfully prosecuted a woman for operating an EA without a license.

She was fined $20,000 at Kwun Tong Magistrates’ Courts last March 2 and ordered to refund the service fee of $6,800 she had collected from an employer.

The case began in November 2018 when the Employment Agencies Administration (EAA) of the LD received a complaint against a woman from an employer hiring a foreign domestic helper. 

“As the investigation revealed sufficient evidence that the woman was operating an unlicensed EA and the complainant was willing to act as prosecution witness, the LD decided to take out prosecution,” LD said.

“All establishments or persons operating a business in Hong Kong for the purpose of obtaining employment for another person or supplying personnel to an employer are governed by Part XII of the Employment Ordinance and the Employment Agency Regulations,” LD said.

“Irrespective of the modus operandi or the types of jobs involved, all EAs must obtain a licence issued by the LD before undertaking any relevant activities. Except for the EA license holder or his/her associates, no one shall operate, manage or assist in the management of an EA. Offenders may face prosecution,” it added.

The LD also reminded the agencies to comply with the law as well as the Code of Practice for EAs at all times.

“Failure to do so may lead to prosecution and/or revocation of licence. The maximum penalty for unlicensed operation of an EA or overcharging of job-seekers’ commissions is a fine of $350,000 and imprisonment for three years,” it said.

For inquiries or complaints about employment agency malpractices, please call the EAA at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.

Source: The SUN HK : Labour warns of punishment for unlicensed FDH recruiters (sunwebhk.com)