Labour shuts down agency in Yau Ma Tei

Image title

One Mong Kong Road Commercial Centre, where the HK Employment Agencies Administration (EAA) holds office. (Photo: Google Maps)


THE Labour Department (LD) has shut down an employment agency (EA) in Yau Ma Tei for not returning the passport of a foreign domestic helper and other violations.

The LD said it revoked the licence of Fardiansyah International Limited after it failed to meet the standards set out in the Code of Practice for Employment Agencies.

“The Code sets out the salient legal requirements that EA operators musto bserve in operating their business, as well as the minimum standards which the Commissioner expects of (employment agencies),” an LD spokesman said.

This is the first revocation of an EA licence in 2019.

Last year, there were eight cases of revocation/refusal of renewal of EA licences.

The LD said Fardiansyah failed to closely supervise its staff “in relation to the provision of job-placement services, failing to draw up service agreements with foreign domestic helpers (FDHs), and failing to send a copy of the completed standard employment contract (SEC) to FDHs as soon as practicable.

It also failed to return the passport directly to the job seeker without delay and also did not provide FDHs with a copy of the sample SEC in their mother language.

A spokesman for the Labour Department (LD) reminded agency operators to comply with the law and the requirements of the Code of Practice for EAs at all times.

On the other hand, Sincere Honest Employment Centre Limited agency in Fan Ling was fined $20,000 earlier this month for operating without a valid license.

An employer looking for a foreign domestic worker had complained in August 2018 that Sincere Honest did not
have a license.

Since the investigation revealed sufficient evidence that Sincere Honest was operating without a licence and
that the complainant was willing to act as prosecution witness, the LD decided to pursue the case.

On June 4, a judge at the Fanling Magistrates’ Courts convicted the employment agency of operating without
a license.

“All EAs must obtain a licence issued by the LD before undertaking any EA activities,” an LD spokesman said.

Labour reminded EAs to operate in full compliance with the law as well as the Code of Practice for Employment
Agencies at all times.

Failure to do so may lead to prosecution and possible revocation of licences.

The Employment Ordinance was amended on February 9, 2018, increasing the penalty for EAs operating without
a license and overcharging job-seekers “to a maximum fine of $350,000 and imprisonment for three years.”

For enquiries or complaints about malpractices of EAs, please call the LD’s Employment Agencies Administration at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.