Licence of employment agency revoked
2022-12-14
The Labour Department (LD) today (December 14) reminded operators of employment agencies (EAs) to conduct their business in compliance with the law and the requirements of the Code of Practice for EAs (the Code) at all times.
The LD has revoked the EA licence of Win Dragon Employment Limited located in Fo Tan and Tuen Mun. The EA failed to meet the requirements as set out in the Code, including failing to draw up service agreements with foreign domestic helpers (FDHs); failing to include all required items in the service agreements drawn up with FDHs and employers; failing to include all specified items in the payment receipts issued to employers; failing to arrange for FDHs and employers to sign an acknowledgement on receipt of publications and sample forms; failing to arrange employers to confirm in writing that they have been fully briefed about their rights and obligations; and failing to keep records relating to the dealings with FDHs and employers, including acknowledgement receipts of the signed standard employment contract, etc. The licensee concerned had appealed to the Administrative Appeals Board but the appeal was dismissed.
Under section 53(1)(c)(iva) of the Employment Ordinance (EO), the Commissioner for Labour (the Commissioner) may revoke the licence of an EA if she is satisfied that the licensee concerned has not complied with the Code.
"The Code sets out the salient legal requirements that EA operators must observe in operating their business, as well as the standards which the Commissioner expects from EAs. The Employment (Amendment) Ordinance 2018, which came into effect on February 9, 2018, stipulates that the Commissioner may refuse to issue or renew a licence, or may revoke a licence, if she is satisfied on reasonable grounds that the licensee or the person intending to be the licensee of an EA, or a related person of or an individual employed by the licensee or the person intending to be the licensee has contravened any provision of Part XII or any regulation made under section 62 of the EO, such as overcharging job seekers or operating an EA without a licence, or has not complied with the Code issued under section 62A(1) of the EO," the LD spokesman said.
The LD has revoked the licences of a total of 13 EAs since 2020, including the above case.
For enquiries about matters related to EAs or complaints about malpractices, please call the Employment Agencies Administration of the LD at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.
Ends/Wednesday, December 14, 2022
