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2 agencies meted heavy fines for overcharging

05 September 2016

By Vir B. Lumicao

​Two Hong Kong employment agencies were convicted separately on Sept 1 and 2 for overcharging four foreign domestic workers.
Jen's Employment Agency Limited located in Tsuen Wan was found guilty on Sept 1 of charging a Filipina job applicant nearly 30 times the allowable commission of $411 or 10% of her first monthly salary under the Labour Code.
Jen's was fined $24,000 at Tsuen Wan court
Jen's was convicted and fined $24,000 by Tsuen Wan Magistrate Lau Suk-han after a full-day trial on Aug. 22 during which the Labour Department, which prosecuted the case, presented domestic worker Relly Manuel as its witness.
Lau also ordered the agency to refund excessive placement fees amounting to $5,589 to Manuel.
The following day, the licensee of Ursula was convicted and fined $30,000 at Eastern Court for overcharging three jobseekers.
The agency was also ordered to refund excessive placement fees of $10,136 to the jobseekers, according to a government press release.
The Labour Department did not identify the three foreign domestic helpers by name or nationality in the press release about the trial.
Ursula: Fined $30k at Eastern court
Between March and May this year, the department’s Employment Agencies Administration received four complaints of overcharging: one from Manuel against Jen’s, and three other helpers against Ursula. 
Following an investigation, the department decided to prosecute the two agencies.
Manuel returned to Manila after she was terminated by her employer allegedly for no reason at all when she had paid up a $12,000 loan taken by Jen’s in her name from a lender called Silver Brighter Limited.
But she was flown back to Hong Kong by Labour to testify in court.
“We are glad that the (helpers) concerned were willing to come forward to report their cases to EAA and act as prosecution witnesses,” a Labour spokesman said.
“Labour will not tolerate any agencies overcharging jobseekers and will act promptly upon receipt of any complaints. Jobseekers who suspect themselves of being overcharged by agencies should report their cases to EAA as soon as possible and act as prosecution witnesses,” he said.
The Labour Code bars employment agencies from collecting from jobseekers any fees or charges other than the prescribed 10% commission of a helper’s first monthly salary
Jen's and Ursula are the fifth and sixth agencies to have been convicted this year of  violating the conditions of their agency licence.

The other four  are Marks Domestic Helper Agency Limited in Tsuen Wan, Ka Ying Employment Agency in Cheung Sha Wan, Enoch Employment Agency in Wan Chai and Gold Union Employment Agency in Fanling.
Victims of illegal recruitment by unlicensed operators or overcharging by agencies are advised to call EAA at 2115 3667 or visit its office in Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.

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