Individual facing community service for managing unlicensed employment agency in Hong Kong

Man breaches Hong Kong's Employment Ordinance, Employment Agency Regulations

Individual facing community service for managing unlicensed employment agency in Hong Kong

A man in Hong Kong has been sentenced to 120 hours of community service for operating an employment agency without license.

The Fanling Magistrates' Courts issued the sentence on Wednesday, after the Labour Department launched prosecution against the man.

According to the department, they received in December 2022 a complaint from an employer who was seeking to hire a foreign domestic helper. Their subsequent investigation discovered that the man was managing an employment agency without a valid licence, a violation of Hong Kong's Employment Ordinance (EO).

In Hong Kong, all establishments or individuals operating a business in Hong Kong with the purpose of getting another person employed or supplying manpower to an employer are subject by the Part XII of the EO and the Employment Agency Regulations.

"Irrespective of the mode of operation or the types of jobs referred, all EAs must obtain a licence issued by the LD before undertaking any EA activities," the Labour Department said in its media release.

"Except for the EA licence holder or his or her associates, no one shall operate, manage or assist in the management of an EA. Offenders may face prosecution."

In its statement, the department reminded employers to always operate in full compliance with the law as well as the Code of Practice for EAS.

"Failure to do so may lead to prosecution and/or revocation of licence," it said.

Offending establishments or individuals may also get fined by up to $350,000 or imprisoned for three years.

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