Labour shuts down agency
Labour Department
THE Labour Department (LD) has closed down an employment agency which was accused by nearly 100 Filipino domestic workers of overcharging.
In a statement, the LD said on Dec. 29 that it revoked the license of Ka Ying Employment Agency in Cheung Sha Wan. Its licensee was convicted of overcharging a Filipina job-seeker in January last year.
“Operators of employment agencies (EAs) are reminded to conduct their business in compliance with the law, or they may be subject to prosecution and risk having their licences revoked or not renewed,” an LD spokesman said.
He said the licensee had appealed to the Administrative Appeals Board (AAB) but the appeal was dismissed.
“Under the Employment Ordinance, the Commissioner for Labour may refuse to issue or renew or may revoke a licence of an EA if the person operating or intending to operate an EA has contravened any provision of Part XII of the said Ordinance such as overcharging job-seekers, or if he is considered not a fit and proper person to operate an EA,” the spokesman said.
On January 20 last year, the Kowloon City Magistrates’ Courts convicted the licensee of Ka Ying and ordered it to pay a fine of $7,000.
The court also ordered Ka Ying to refund $2,089 to a Filipina job-seeker for the excessive placement fee it collected.
“Unang hearing namin ito pero nagplead guilty na sila,” the Filipino worker told Hong Kong News outside the courtroom.
She was waiting to testify against Ka Ying when the prosecutor came out and told her about the agency’s guilty plea.
Besides the worker, 77 other Filipino women have accused Ka Ying of overcharging. Hong Kong law allows employment agencies (EAs) to collect a prescribed commission from job-seekers but this amount should not exceed 10 per cent of their first month salary.
The Filipino woman filed the complaint against Ka Ying at the Employment Agencies Administration (EAA) in March 2015 for overcharging.
The EAA conducted an investigation and found sufficient evidence showing that Ka Ying collected an excessive placement fee from the Filipino domestic helper.
With the FDH willing to act as a prosecution witness, the LD decided to pursue the case against Ka Ying.
“We are glad that the FDH concerned was willing to come forward to report her case to the EAA and act as prosecution witnesses,” an LD spokesman said.
“LD will not tolerate any EAs overcharging job-seekers and will act promptly upon receipt of any complaints,” he added.
The spokesman also said that the Commissioner for Labour will consider revoking, or refusing to renew, an EA’s licence upon its conviction.
“Job-seekers who suspect that they have been overcharged by EAs should report their case to the EAA as soon as possible and act as prosecution witness,” he added.
The Philippine Overseas Labor Office (POLO) had also forwarded to the LD the complaints of 77 Filipino domestic workers who accused Ka Ying of overcharging.
The complainants had written Consul General Bernardita Catalla to complain against Ka Ying. Of the 77 complainants, 35 executed sworn affidavits detailing their allegations against the agency.
The POLO forwarded the case to the Philippine Overseas Employment Administration (POEA) so that Ka Ying’s partner agency in the Philippines could be investigated.
The 76 workers accused Mariz Manpower Services, Ka Ying’s partner agency in the Philippines, of demanding P23,000 from helpers before their visa’s are approved.
Job-seekers were also allegedly made to pay P15,000 for their medical check-up and P9,000 for training fees.
The workers said they were also made to sign a piece of paper saying they “did not pay any single money” to Mariz for the processing of their documents.
In their letter to Catalla on January 11 last year, the workers said Ka Ying’s owner collected 7,500 from applicants but were not issued a receipt.