For Filipinos, going abroad for work typically involves employment agencies, as mandated by the Department of Migrant Workers (DMW). This applies to foreign domestic helpers (FDHs) who are departing from the Philippines, or processing new deployment to work in Hong Kong.
To ensure that job seekers and employers transact with legitimate agencies, the Hong Kong Labour Department established the Employment Agencies (EA) Portal. This portal allows people to check the validity of an employment agency, make an inquiry, or file a complaint. It also contains extensive information about the use and regulation of such agencies.
Check the Validity of the Employment Agency
Before anything else, it’s important to check the validity of an employment agency and confirm if they are recognised by the Hong Kong Labour Department. You can do this by going to the EA Portal and searching for the name of the agency.
Aside from providing a list of legitimate employment agencies, the EA Portal also publishes records of agencies with written warnings, convictions of overcharging and unlicensed operations, and agencies whose licenses have been revoked or not renewed.
Check and Record Your Payments
If you’re an FDH employed through an agency, be sure to pay only the prescribed commission after you have received your first monthly salary. This commission should not be more than 10% of your first monthly salary, in accordance with Hong Kong’s laws.
Furthermore, when you make a payment to the employment agency, don’t forget to ask for a receipt. Do not make any payments if they refuse to provide a receipt.
In addition, here are some important reminders to keep in mind:
- Do not pay the agency for any expenses (e.g. registration fee, reservation fee, photocopy fee, etc.) other than the prescribed commission;
- Do not pay the agency through the personal account of a staff or a third party;
- Do not pay the agency by borrowing money from a financial services company, as requested by the employment agency;
- Do not sign any document, agreement, or contract without fully understanding its terms; and
- Do not sign any records for salaries that you have not received.
Keep Your Personal Documents
One of the basic rights of FDHs, or any worker for that matter, is the right to keep personal property. These include passports, identification cards, employment contracts, and bank cards. No one, not even your employer or agency, can withhold your personal property without your consent. Always keep your documents safe and stored in a proper place.
Make an Enquiry or Complaint Online
When it comes to reporting matters related to employment rights and agencies, you can go online. Both the EA Portal and Foreign Domestic Helpers (FDH) Portal feature forms for enquiries and filing complaints.
When you fill out an online form, be sure to provide as much information as possible, and to attach relevant documents as proof or supporting details. Once you have submitted an enquiry or complaint, you will receive a reference number. Likewise, the Labour Department will refer your concern to other government departments, if necessary.
Report to Authorities
If you think your employment agency is operating without a licence, or if you are being overcharged or subjected to illegal practices, do not hesitate to report to the authorities. You can do this by getting in touch with the Hong Kong Labour Department through these contact details:
Enquiry Hotline: 2717 1771
Email: ea-ee@labour.gov.hk
FDH Hotline: 2157 9537
Meanwhile, if you are a victim of violence or abuse, or if you are fearing for your safety, contact 999 for emergency services or the Police.
The EA Portal as well as the FDH Portal can help both employers and employees check the legitimacy of their agencies. These websites serve as official guides and platforms that protect people’s rights and welfare.
Notably, if you are an FDH whose contract is about to end and you’ll be working for a new employer, check out this guide on how to process “change of employer” for FDHs in Hong Kong.
Disclaimer: This article is presented for general information purposes only. Before making any decisions regarding your situation, please consult a qualified legal expert or the relevant government agency.