An associate of the licensee of an employment agency (EA) was convicted at the Shatin Magistrates’ Courts today (November 1) of overcharging a foreign domestic helper (FDH) and was fined $15,000. The Court also ordered that person to refund the excessive placement fee of $5,548 to the FDH concerned.
In May 2019, the Employment Agencies Administration (EAA) of the Labour Department (LD) received a complaint from a FDH against the Loyalty Team Employment Agency, located in Shatin, about charging her an excessive commission. When an investigation revealed sufficient evidence that the associate of the licensee of the EA concerned had overcharged the FDH, the LD decided to prosecute the associate of the licensee.
According to the law, a licensee or an associate of a licensee in respect of an EA, or a person purporting to act as such a licensee or associate, is not allowed to collect from a job seeker any fees or charges other than the prescribed commission, which is an amount not exceeding 10 per cent of the first month's salary of the job seeker upon successful placement.
The LD reminds EAs to operate in full compliance with the law and the Code of Practice for Employment Agencies at all times. Failure to do so may lead to prosecution and/or revocation of licence. The Employment (Amendment) Ordinance 2018, effective since February 9, 2018, has raised the maximum penalty for overcharging job seekers to a fine of $350,000 and imprisonment for three years.
For enquiries or complaints about unlicensed operations or overcharging by EAs, please call the EAA 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.
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