Licences of employment agencies revoked
2023-05-17
The Labour Department (LD) today (May 17) 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 at all times.
The LD has revoked the EA licence of Lifree Employment Agency Limited located in Central. The EA failed to meet the requirements as set out in the Code, including failing to ensure that any information that is made available to employers or to job seekers is consistent with the facts made known to it; failing to draw up service agreements with employers and foreign domestic helpers (FDHs); failing to include all required items in the service agreements drawn up with employers; failing to provide payment receipts to employers; failing to include all required items in the payment receipts provided to employers; failing to arrange employers and FDHs to sign an acknowledgement on receipt of publications and sample forms and to confirm in writing that they have been fully briefed about their rights and obligations; failing to keep records relating to the dealings with employers and FDHs which include acknowledgement regarding their receipt of the signed standard employment contract, etc. In addition, the licensee of the EA was considered not a fit and proper person to operate an EA.
Under sections 53(1)(c)(iva) and 53(1)(c)(v) 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, or the licensee concerned is not a fit and proper person to operate an EA.
"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 EO 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," a spokesman for the LD said.
This is the third case of revocation of an EA licence in 2023.
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, May 17, 2023
