XN000022-1986-02-21 — Page 3

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FRIDAY, FEBRUARY 21, 1986

LEGAL REQUIREMENTS FOR EMPLOYMENT AGENCIES

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THE OPERATION OF EMPLOYMENT AGENCIES MUST COMPLY WITH STATUTORY REQUIREMENTS, A SPOKESMAN FOR THE LABOUR DEPARTMENT SAID TODAY (FRIDAY).

HE SAID SIX EMPLOYMENT AGENCY OPERATORS WERE CONVICTED AND FINED LAST YEAR FOR VARIOUS OFFENCES UNDER THE EMPLOYMENT ORDINANCE AND THE EMPLOYMENT AGENCY REGULATIONS.

THE OFFENCES INCLUDED OPERATING AN EMPLOYMENT AGENCY WITHOUT A VALID LICENCE, CHARGING JOB-SEEKER AN AMOUNT MORE THAN THE PRESCRIBED FEE AND COMMISSION, FAILING TO SUBMIT QUARTERLY RETURNS WITHIN THE PRESCRIBED TIME AND FAILING TO MAINTAIN THE PRESCRIBED REGISTERS.

AN EMPLOYMENT AGENCY IS DEFINED UNDER THE EMPLOYMENT ORDINANCE AS AN ESTABLISHMENT WHICH AIMS AT OBTAINING EMPLOYMENT FOR ANOTHER PERSON OR SUPPLYING PERSONNEL TO AN EMPLOYER BOTH WITHIN OR OUTSIDE HONG KONG, IRRESPECTIVE OF WHETHER THE EMPLOYMENT IS OF PART-TIME OR FULL-TIME NATURE.

OPERATORS OF EMPLOYMENT AGENCIES ARE REQUIRED TO OBTAIN A LICENCE FROM THE LABOUR DEPARTMENT BEFORE STARTING BUSINESS, AT A FEE OF $300 A YEAR.

THE AMOUNT OF FEE AND COMMISSION THAT CAN BE CHARGED BY AN EMPLOYMENT AGENCY IS PRESCRIBED BY THE EMPLOYMENT AGENCY REGULATIONS.

THE FEE TO BE CHARGED TO JOB-SEEKERS FOR FIRST REGISTRATION AND SUBSEQUENT RENEWAL AFTER THREE MONTHS IS LIMITED TO A MAXIMUM OF $3, AND THE COMMISSION FOR A SUCCESSFUL JOB PLACEMENT TO 10 PER CENT OF THE FIRST MONTH'S RECEIVED SALARY.

THE REGULATIONS ALSO LIMIT THE FEE THAT CAN BE CHARGED BY AN AGENCY TO AN EMPLOYER TO A MAXIMUM OF $10 FOR EACH TYPE OF VACANCY REGISTERED ON FIRST REGISTRATION AND $5 PER RENEWAL OF SUCH REGISTRATION AFTER THREE MONTHS, WHILE THE COMMISSION TO BE PAID BY AN EMPLOYER ON SUCCESSFULLY OBTAINING FOR HIM AN EMPLOYEE BY AN AGENCY IS A MATTER OF AGREEMENT BETWEEN BOTH PARTIES.

THE SPOKESMAN ADDED THAT AN OPERATOR MUST DISPLAY THE FEB SCHEDULES AND HIS LICENCE IN HIS PLACE OF BUSINESS AND MUST SUBMIT QUARTERLY RETURNS WITHIN THE PRESCRIBED TIME AND MAINTAIN THE PRESCRIBED REGISTERS IN ACCORDANCE WITH THE ORDINANCE AND THE REGULATIONS.

ENQUIRIES ON MATTERS RELATED TO THE OPERATION OF EMPLOYMENT AGENCIES MAY BE MADE TO THE OVERSEAS EMPLOYMENT SERVICE OF THE LABOUR DEPARTMENT ON TELEPHONE NUMBERS 5-8523535 OR 5-8523597.

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