HK vows law vs erring agencies
Domestic workers in Central (file photo)
HONG Kong Chief Executive Chun-ying Leung has disclosed that the government will seek to amend a bill that would pave the way for heavier penalties on overcharging employment agencies.
“The Labour Department plans to introduce an amendment bill in the second quarter of this year to provide the legal basis for the newly promulgated Code of Practice for Employment Agencies, and to impose heavier penalties on employment agencies overcharging job seekers or operating without a licence so as to achieve a stronger deterrent effect,” Leung said during his 2017 Policy Address at the Legislative Council on January 18.
On January 13, LD came out with the voluntary code, which seeks to promote professionalism among employment agencies in the city.
Among others, the Code sets out standards and legal requirements that employment agencies should uphold, including promotion of job-seekers and employers’ awareness of their rights and obligations, provisions of payment receipts, and maintaining transparency in business operations.
A migrant worker leader called Leung’s pronouncement as a “positive development”.
“Actually, long overdue na ito kasi it will be three and a half years na after the case of Erwiana [Sulistyaningsih]. We will monitor the government’s move on this to make sure na hindi ito isang magiging empty promise lang,” said Eman Villanueva, spokesperson of the Asian Migrants’ Coordinating Body.
Besides monitoring the Labour Department’s action on the amendment, Villanueva added that they wanted to make sure that these amendments will address the concerns of migrant workers in the city.
These proposed amendments, Villanueva said, include provisions that would make it easier for migrant workers to file complaints against erring employment agencies.
“Gusto namin ng adjustment sa existing policies so as to adapt to the new modus operandi of employment agencies that existing ones can not address anymore,” he added.
Kevin Wong, vice-chairman of the Association of Hong Kong Manpower Agencies Ltd., told Hong Kong News that they welcome the newly-issued Code.
“This is very good for our industry. This time, the agents are reminded of these regulations. This time there will be more details,” Wong said.
He added that the Code meant that the LD is also focusing on their industry.
A 2016 report by the NGO Justice Centre said migrant domestic workers in the territory often fall prey to unscrupulous employment agencies that may overcharge them for various “costs” associated with recruitment. These costs often exceed legal limits in source countries and Hong Kong.
Justice Centre also said that although the Employment Agencies Administration of the LD received 170 complaints against employment agencies, most of which related to overcharging the migrant domestic workers, only four were convicted that year.
In 2015, the LD prosecuted 12 agencies, and nine of them were convicted of overcharging job-seekers.
The conviction rate, according to Justice Centre, was “low”.