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| Labour prosecuted a woman for operating an unlicensed employment agency (RTHK file) |
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.
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| PINDUTIN PARA SA DETALYE! |
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.
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| PINDUTIN PARA SA DETALYE |
“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.
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| PINDUTIN PARA SA DETALYE |
“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.
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“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.
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| PINDUTIN PARA SA DETALYE |
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.
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