I would like to....
Know the content of the Code of Practice for Employment Agencies(transcript), including the salient legislative requirements that employment agencies (EAs) must follow, and the standards which the Commissioner for Labour expects from EAs
See the information on the licensing and regulation of employment agencies
The proposed name of your employment agency should not be identical with or closely resemble the name of another EA. You can send the proposed name of your employment agency and your telephone number to Employment Agencies Administration by fax or email to check whether the proposed name can be used for application.
You need to submit the application form(transcript) in person, together with other relevant documents(transcript). Please also see the flow chart(transcript) and the guidance notes(transcript) for application procedures.
Important Note : Before being granted a licence, you must not operate an employment agency or will be liable for an offence.
You need to submit the renewal application form(transcript) two months before expiry, together with the supporting documents(transcript) required. Please also see the flow chart(transcript) for application procedures.
Important Note : Before your licence is renewed, you must not operate an employment agency or will be liable for an offence.
You are suggested to go over the Employment Ordinance and Employment Agency Regulations, as well as other related publications for the legal requirements under the Employment Ordinance and relevant to the employment of FDHs if you are placing Foreign Domestic Helpers.
According to EO and EAR, the maximum commission which may be received by an EA from a job-seeker shall be an amount not exceeding a sum equal to 10% of the first-month's wages received by the job-seeker after he/she has been successfully placed in employment by the EA. The provisions are applicable to all job-seekers.
You also need to ensure that the operation of your EA is in full compliance with all laws of Hong Kong at all times. EA licensees, nominated operators, related persons of and the individuals employed by the licensees or the person intending to be the licensee, as well as parties interested in joining the EA business should also read the Code of Practice for Employment Agencies(transcript) for salient legislative requirements (they are by no means exhaustive) that must be followed when operating the EA and the minimum standards which the Commissioner for Labour expects from them.
Apart from EO and EAR, EAs should observe provisions of other legislation including but not limited to the following:
- Trade Descriptions Ordinance (TDO)
In their commercial practices, EAs must not deploy against consumers unfair trade practices prohibited by TDO.
- Immigration Ordinance
EAs should not aid or abet others (e.g., employers or FDHs) to make false representation to Immigration Officers or to breach the job-seekers’ conditions of stay in Hong Kong.
- Theft Ordinance
EAs should not withhold the personal property of job-seekers without the owners’ explicit consent.
- Personal Data (Privacy) Ordinance (PDPO)
EAs should observe the requirements under the PDPO when handling the personal information of employers and job-seekers.
- Prevention of Bribery Ordinance (POBO)
EAs should observe the requirements under the POBO, including not to solicit, accept or offer any bribe in conducting the EA’s business or affairs.
If you wish to know more about the Employment Ordinance, you can enroll the seminars (in Cantonese) organized by the Labour Department. For more information, please click here.
For enquiries relating to the labour-related laws, you can call Labour Department’s 24-hour hotline 2717 1771 (handled by 1823). For other enquiries, please contact the relevant departments/organisations.