LCQ11: Strengthening regulatory oversight of employment agencies for foreign domestic helpers
Source: Hong Kong Government special administrative region
LCQ11: Strengthening regulatory oversight of employment agencies for foreign domestic helpers Question:
It is reported that according to the latest announcement by the Consumer Council (the Council), the Council has received a total of 391 complaints against employment agencies (EAs) for foreign domestic helpers (FDHs) since 2023, including cases where FDHs failed to report for duty as scheduled and instances where their competence did not meet expectations. In this connection, will the Government inform this Council:
(1) of the following information regarding EAs in each of the past three years (set out in a table):
(i) the number of complaints received against EAs and the year-on-year rates of change (broken down by nature of complaint); and President,
The Labour Department (LD) enforces Part XII of the Employment Ordinance (EO), the Employment Agency Regulations and the Code of Practice for Employment Agencies (CoP), and regulates employment agencies (EAs) in Hong Kong through license administration, inspections, complaint investigation and prosecution, so as to protect the rights of job seekers and employers.
The reply to the Member’s question is set out below:
(+175%)(-54.5%) (2) and (3) EAs are required to operate in accordance with the law and abide by the CoP issued by the LD. The CoP sets out the legislative requirements that EAs must observe and the standards which the Commissioner for Labour expects EAs to meet, such as maintaining transparency in business operations, drawing up written service agreements with job seekers and employers, providing payment receipts, and avoiding involvement in the financial affairs of job seekers, etc. If the licensee of an EA, or a related person of or an individual employed by the licensee fails to comply with the CoP, the LD may refuse to issue or renew a licence, or may revoke the licence of the EA under EO.
To further enhance the professionalism and service quality of EAs, the LD promulgated the revised CoP in May 2024, introducing additional requirements expected of EAs by the Commissioner for Labour, which include that EAs must specify in the written service agreements drawn up with job seekers and employers the scope of services, the fees charged on each service item, payment arrangements, etc, and clearly state whether the EAs will provide a refund or arrangements for replacement of foreign domestic helpers (FDH) in case the EAs’ services are not delivered in full or if the FDHs prematurely terminate the employment contracts. These revisions enhance the transparency of service fees charged by EAs and strengthen the protection of the rights of employers as customers. In the course of revising the CoP, relevant organisations (including the Consumer Council) had been consulted.
The CoP requires EAs, when providing services to job seekers and employers, to exercise due diligence in verifying the information provided by both parties, and ensure that any information provided to both sides is consistent with the facts known to the EAs. When charging service fees to employers, EAs must make sure that the job applicants referred to employers meet the qualifications and other requirements listed by the employers. In addition, EAs should exercise professional judgment in selecting any business partners within and outside Hong Kong, and consider the reliability of information on job seekers provided by their business partner(s) located outside Hong Kong, including but not limited to the job seekers’ academic qualifications, skills, training received, etc.
Job seekers and employers should compare the services and fees offered by different EAs and choose the EAs that suit their needs. They should carefully read and understand relevant terms before signing the service agreements. If unreasonable terms are spotted in the service agreements, they should refuse to sign and, where necessary, seek assistance from the Customs and Excise Department, the Consumer Council or the LD.
(4) To enhance transparency of the past records of EAs, the LD’s Employment Agencies Portal not only uploads information on EAs with valid licences, but also publishes records of EAs that have been convicted of overcharging commissions or unlicensed operation, have had their licences revoked or renewal refused, and have been issued written warnings. This facilitates the public in making informed decisions when engaging EA services, avoiding impairment of their rights.
The LD has also established regular liaison mechanism with the consulates-general of major FDH-sending countries in Hong Kong to strengthen collaboration and exchange of information on unscrupulous EAs with a view to ensuring the rights of employers and FDHs are fully protected. If malpractices by organisations outside Hong Kong in arranging FDHs to take up employment in Hong Kong are identified, the LD will reflect the matter to relevant governments concerned through the liaison mechanism and request appropriate follow-up actions.Issued at HKT 11:35