Cancellation of license of employment agency

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The Commissioner for Labor will cancel the license of the employment agency (EA) of Talent (Kenya) Company Limited according to Regulation 8 of the Employment Agency Regulations as the Labor Department (LD).

This comes after the appeal file against the conviction was dismissed by the High Court on Sept 6, 2022.

According to the press release, the case started in 2019 when the Employment Agencies Administration of the LD received complaints from two foreign domestic helpers (FDHs) against an EA called Talent (Kenya) Company Limited for charging them an excessive commission. As the investigation revealed sufficient evidence that a staff member of the EA had overcharged the FDHs, the LD instigated prosecution against the EA staff member. After a trial, the EA staff member was convicted of overcharging an FDH and was sentenced to a fine of $8,000 on May 31, 2021, at Shatin Magistrates’ Courts.

Under section 53(1) (e) (i) of the Employment Ordinance (EO), the Commissioner for Labour (Commissioner) may revoke the license of an EA if he is satisfied on reasonable grounds that an individual employed by the licensee or by the person intending to be the licensee has contravened any provision of Part XII of the EO or any regulation made under section 62.

Under section 53(1) (c) (iva), the Commissioner may revoke the license of an EA if he is satisfied that on reasonable grounds that the licensee or the person intending to be the licensee has not complied with the CoP issued under section 62A(1). Paragraph 4.2.2 of the CoP provides that the licensee, company director(s), nominated operator, and persons in senior management of an EA are required to closely supervise their staff.

They will be held accountable for all acts and conduct of all their staff in relation to the provision of job-placement services even though they may not be the one(s) who failed to meet the statutory requirements and/or standards in the CoP.

A spokesman for the Labour Department (LD) today (September 9) reminded operators of employment agencies (EAs) to conduct their business in compliance with the law and the requirements of the Code of Practice for EAs (CoP) at all times.

For inquiries about matters related to EAs or complaints about their malpractice, please call the Employment Agencies Administration of the LD at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.