Blacklist of Employment Agencies 2024 Common Violations

The Hong Kong Labour Department updates the warning list of employment agencies for foreign domestic workers annually, commonly referred to as the "blacklist". Through this list, the public can identify which agencies were issued a Written Warning by the Labour Department, serving as a cautionary tool when selecting an agency. In Hong Kong, many households opt to hire foreign domestic workers, with recruitment often facilitated through these agencies. However, given the abundance of agencies in Hong Kong, the quality varies greatly, extra caution is needed when choosing an agency and it is advisable to have a certain understanding of relevant regulations. In this article, we'll share common reason of warning found in the latest 2024 blacklist, serving as a reminder to stay vigilant about associated risks.

Reasons for Issuing Written Warnings

According to the latest 2024 blacklist, a total of 8 agencies have been listed, with 3 of them found to be in violation of more than one regulation. Here are the reasons cited by the Labour Department for issuing written warnings:

1.          Failing to exercise due diligence in checking the accuracy of the information provided by job-seekers

2.          Failing to draw up service agreements with employers

3.          Failure to provide payment receipts to employers.

4.          Failing to provide a copy of Standard Employment Contract that has already been signed by the employer for the employer's retention.

5.          Failing to have reasonable knowledge of the legal provisions relevant to the operation of employment agencies, including but not limited to Employment Ordinance and Employment Agency Regulations

6.          Failing to ask employers to acknowledge receipt of the publications and sample forms as listed in the CoP, and to confirm that they have been briefed about their rights and obligations in full and understand such in writing

7.          Failing to keep records relating to the dealings with employers including acknowledgement from employers regarding the receipt of the signed Standard Employment Contract, etc.

8.          Failing to provide the signed original of the employment contracts between employers and job seekers to the employers

9.          Failing to include all required items in payment receipts provided to employers

Some of the most basic yet critical violations include " Failing to draw up service agreements with employers and " Failing to provide payment receipts to employers," each appearing twice, indicating that even the simplest aspects may be overlooked.

Recommendations for Hiring Foreign Domestic Workers

For families planning to hire foreign domestic workers, it is advisable to exercise caution when selecting an agency. Here are some recommendations to assist you in choosing a suitable agency:

l   Assess Reputation: Seek feedback from friends, family, or online communities regarding their experiences with agencies they have used before. Understanding their reputation and feedback can help you make a better choice.

l   Verify Licenses: Ensure that the agency holds the appropriate and valid licenses for employment agency operation. You can check this information on the following website: https://www.eaa.labour.gov.hk/tc/licensing.html

l   Read Terms carefully: Before signing any documents with the agency, carefully read all terms and conditions. Ensure that you understand all fees, responsibilities, and rights to avoid any disputes in the future.

l   Request Document Copies: Ensure that the agency provides all necessary document copies, including signed employment contracts, service agreements, and payment receipts. Having evidence readily available can help in the event of complaints or disputes.

l   Maintain Communication: Maintain frequent communication with the agency and seek assistance or resolve any doubts or issues promptly. Good communication is crucial to ensuring that both parties' interests are adequately protected. Moreover, it is preferable for communication to be documented in writing, including via email and WhatsApp, to ensure everything is recorded.

By these recommendations, you should be able to choose a trustworthy agency with greater confidence, reducing the chances of being misled.

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