EMPLOYMENT AGENCY REGULATIONS

EMPLOYMENT AGENCY REGULATIONS

EMPLOYMENT AGENCY REGULATIONS

ARRANGEMENT OF REGULATIONS
Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... A 2
2. Applications for the issue or renewal of licences ... ... ... ... ... ... A2
3. Licence fees ... ... ... ... ... ... ... ... ... .. ... ----- ----- A 2
4. Form of licences ... ... ... ... ... ... ... ... ... ... ... ... A 2
5. Display of licence ... ... ... ... ... ... ... ... ... ... ... ... A 3
6. Prohibited use of licences ... ... ... ... ... ... ... ... ... ... ... A 3
7. Company as licensee ... ... ... ... ... ... ... ... ... ... ... ... A 3
8. Notification of cessation of business of employment agency ... ... ... A 3
9. Notification of change of place of business of employment agency ... ... A
3
10. Maximum fees and commission ... ... ... ... ... ... ... ... ... A 3

11. Registers required to be maintained and kept ... ... ... ... ... ... A 4

12. Return to be submitted to the Commissioner ... ... ... ... ... ... A 4

13. Application for exemption ... ... ... ... ... ... ... ... ... ... A4

14. Form of certificate of exemption ... ... ... ... ... ... ... ... ... A 5
15.Application of regulations 5, 6, 7, 8, 9, 11 and 12 to holders of certificates
of exemption ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
16. Publication of particulars ... ... ... ... ... ... ... ... A 5
17. Offences ... ... ... ... ... ... ... ... ... ... ... ... A 5

First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
Second Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 9
Third Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... All
Fourth Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13





EMPLOYMENT AGENCY REGULATIONS

(Cap. 57, section 62)

[1st January, 1974.1

1. These regulations may be cited as the Employment Agency
Regulations.

2. (1) An application for the issue or renewal of a licence under
section 52 of the Ordinance shall

(a)be in writing in such form as the Commissioner may determine;

(b) specify-

(i) whether the employment agency to which it relates
operates, or is intended to be operated, for the purpose of
obtaining for persons employment within or outside Hong
Kong;

(ii) the place, or intended place, of business of the
employment agency;

(iii) such other particulars of the applicant and the
employment agency as the Commissioner may require to be
furnished to him; and

(c)be submitted to the Commissioner at such place and during
such business hours as the Commissioner may determine.

(2) An application for the issue of a licence shall be submitted to
the Commissioner, together with two recent identical photographs of the
applicant, not later than one month before the applicant intends to
commence business.

(3) An application for the renewal of a licence shall be submitted to
the Commissioner not later than two months before the expiration
thereof.

3. (1) A licence fee of one hundred dollars shall be payable on
each application for the issue or renewal of a licence.

(2) No refund of a licence fee shall be made by the Government if
the licence in respect of which it is paid is revoked by the Commissioner.

4. (1) A licence to operate an employment agency for the purpose
of obtaining employment within Hong Kong shall be issued by the
Commissioner in Form 1 of the First Schedule.

(2) A licence to operate an employment agency for the purpose of
obtaining employment outside Hong Kong shall be issued by the
Commissioner in Form 2 of the First Schedule.





5. A licensee shall cause his licence to be displayed at all times
in a conspicuous position at the place of business of the employment
agency to which the licence relates.

6. (1) No person other than the licensee shall use or make
use of, directly or indirectly, a licence.

(2) A licensee shall not lend, transfer or assign his licence to
another person.

7. (1) A company to which a licence is issued shall notify
the Commissioner in writing of the name of the person appointed
by the company to operate, manage, or assist in the management of,
the employment agency to which the licence relates.

(2) A company to which a licence is issued shall, within four-
teen days after any change in the management of its employment
agency, notify the Commissioner in writing full particulars of the
change.

8. (1) When an employment agency ceases to operate as a
business the licensee shall, within seven days-
(a)notify the Commissioner in writing that the employment
agency has ceased to operate as a business; and
(b) deliver his licence to the Commissioner.

(2) On receipt of a notification and licence under paragraph
(1) the Commissioner shall cancel the licence.

9. (1) If a licensee wishes to change the place of business of
his employment agency he shall, not less than fourteen days before
the change-
(a)notify the Commissioner in writing full particulars of the
change; and
(b) submit his licence to the Commissioner.

(2) On receipt of a notification and licence under paragraph
(1) the Commissioner shall-
(a)endorse the change of address of the employment agency
on the licence; and
(b) return the licence to the licensee.

10. (1) The maximum fee which may be charged and received
by a licensee in connexion with the employment of any person shall
be that set out in Part 1 of the Second Schedule.

(2) The maximum commission which may be charged and
received by a licensee in connexion with the employment of any
person shall be that set out in Part II of the Second Schedule.





(3) A licensee shall cause Parts 1 and 11 of the Second Schedule,
written both in English and in Chinese characters, to be displayed at all
times in a conspicuous position at the place of business of his
employment agency.

11. (1) A licensee shall maintain in accordance with paragraph (2),
and keep available for inspection at all times at the place of business of
his employment agency

(a)a register in the form set out in Form 1 of the Third Schedule
showing particulars of every person who applies to his
employment agency for employment; and

(b)a register in the form set out in Form 2 of the Third Schedule
showing particulars of every person who applies to his
employment agency for the procurement of employees for his
service.

(2) Separate registers shall be maintained in respect 'of employment
within Hong Kong and outside Hong Kong.

12. (1) A licensee shall submit to the Commissioner within fourteen
days after the 1st April, the 1st July, the 1st October and the 1st January
of each year a return covering the preceding three months in the form
set out in the Fourth Schedule.

(2) A return referred to in paragraph (1) shall-

(a)show clearly whether it relates to employment within or
outside Hong Kong; and

(b)be submitted to the Commissioner at such place and during
such business hours as the Commissioner may determine.

13. An application for the exemption of an employment agency from
the provisions of Part XII of the Ordinance shall

(a)be in writing in such form as the Commissioner may determine;

(b) specify-

(i) the place, or intended place, of business of the
employment agency; and

(ii) such other particulars of the applicant and the
employment agency as the Commissioner may req~uire to be
furnished to him; and

(c)be submitted to the Commissioner at such place and during
such business hours as the Commissioner may determine.

14. (1) A certificate of exemption in the form set out in Form 3 of the
First Schedule shall be issued to a person to whom the Commissioner
grants exemption under section 54 of the Ordinance.

(2) Where the Commissioner grants an exemption subject to any
conditions, such conditions shall be shown in the certificate of
exemption issued under paragraph (1).





15. Regulations 5, 6, 7, 8, 9, 11 and 12 shall apply in the case of a
person to whom the Commissioner grants exemption under section 54 of
the Ordinance as if any reference in these regulations

(a) to a licence were to a certificate of exemption;

(b)to a licensee were to a holder of certificate of exemption; and

(c)to a licensed employment agency were to an employment
agency exempted under section 54 of the Ordinance.

16. The Commissioner shall at least once a year publish in the

Gazette

(a)the name of each person to whom a licence or a certificate of
exemption has been issued;

(b)particulars of all licences which the Commissioner has revoked
or has refused to renew; and

(c) such other particulars as the Commissioner may determine.

17. (1) Any licensee who contravenes regulation 5 or 10(3) shall be
guilty of an offence and shall be liable on conviction to a fine of
two thousand dollars.

(2) Any person who contravenes regulation 6(1) or (2) shall
be of an offence and shall be liable on conviction to a fine
of two thousand dollars.

(3) Any licensee who contravenes regulation 7(1) or (2), 8(1) or 9(1)
shall be guilty of an offence and shall be liable on conviction
to a fine of two thousand dollars.

FIRST SCHEDULE

FORM 1 [reg. 4(1).]

Licence No . ..............................

EMPLOYMENT
ORDINANCE

(Chapter 57)

EMPLOYMENT AGENCY REGULATIONS

LICENCE TO OPERATE AN EMPLOYMENT AGENCY FOP OR IN
CONNEXION
WITH THE EMPLOYMENT OF PERSONS WITHIN HONG KONG

1. Mr./Miss/Mrs. . .................Chinese characters


(if applicable) .......................whose photograph is

attached hereto, is hereby licensed to operate an employment agency known

as ....................................Chinese characters






(if applicable) .....at


for or in connexion with the employment of persons in Hong Kong.

2. This licence is issued subject to the provisions of the Employment

Ordinance (Chapter 57) and all regulations made thereunder.

3. This licence is valid for the period of twelve months after the date

of issue hereof and shall expire on the day of

19 .........

Photograph of
Licensee.

Commissioner of
Labour.

Date of Issue .......................................


Note: This licence must be displayed at all times in a conspicuous position
at the place of business specified in paragraph 1 of this licence.

FROM 2 [reg. 4(2).]

Licence No . ..............................

EMPLOYMENT ORDINANCE
(Chapter 57)

EMPLOYMENT AGENCY REGULATIONS

LICENCE TO OPERATE AN EMPLOYMENT AGENCY FOR OR IN CONNEXION
WITH THE EMPLOYMENT OF PERSONS OUTSIDE HONG KONG






1. Mr./Miss/Mrs . ...................Chinese characters


(if applicable) .......................whose photograph is

attached hereto, is hereby licensed to operate an employment agency known

as ....................................Chinese characters

(if applicable) .....at

for or in connexion with employment of persons outside Hong Kong.

2. Ibis licence is issued subject to the provisions of the Employment

Ordinance (Chapter 57) and all regulations made thereunder.

3. This licence is valid for the period of twelve months after the date
of issue hereof and shall expire on the day of
19


Photograph of
Licensee.

. .............. -----

Commissioner of
Labour.


Date of Issue.......................................

Note: This licence must be displayed at all times in a conspicuous position
at the place of business specified in paragraph 1 of this licence.





FORM 3 [reg. 14.]

EMPLOYMENT
ORDINANCE


(Chapter 57)

EMPLOYMENT AGENCY REGULATIONS
CERTIFICATE OF
EXEMPTION

I, Mr./Miss/Mrs....................... Chinese characters

(if applicable) .......................whose photograph is

attached hereto, is hereby exempted from obtaining a licence under section 52

of the Employment Ordinance (Chapter 57) to operate an employment agency
known as ..............................Chinese characters

(if applicable) at
for or in connexion with the employment of persons in Hong Kong.

2. This certificate is issued subject to-

(a) the provisions of the Employment Ordinance (Chapter 57) and all
regulations made thereunder; and
(b) the following special conditions-

Photograph of Holder
of Certificate.





.............. Commissioner -----

of Labour.

Date of Issue .......................................

Note:This certificate must be displayed at all times at the place of business
specified in paragraph 1 hereof.

SECOND SCHEDULE [reg. 10.]

PART 1

MAXIMUM FEES WHICH MAY BE RECEIVED BY AN
EMPLOYMENT AGENCY

1. From each person applying
to the employment agency for employ-
ment, work or contract or hire of his
services-
(a) on first registration with the

employment agency $3.00 per applicant.

(b) on renewal of such registra-
tion not lessthan three

months after the date of first

registration or last renewal of
registration ....$3.00 per applicant.

2. From each person applying to
the employment agency for the procure-
ment of any employee for his service-

(a) on first registration with the
employment agency .............. $10.00 for each class or type of
vacancy registered.





(b) on renewal of such registra-

tion not less than three
months after the date of first
registration or last
renewal of

registration ..... $5.00 for each class or type of
vacancy re-registered.

3. No fee for renewal of registra-

tion under sub-paragraph (b) of para-

graph 1 hereof or sub-paragraph (b) of
paragraph 2 hereof more frequently than
once every three months.

PART II

MAXIMUM COMMISSIONS WHICH MAY BE RECEIVED BY AN
EMPLOYMENT AGENCY


The maximum commission which may be received by an employment
agency shall be-

(a) from each person applying to the employment agency for employ-
ment, work or contract or hire of his services, an amount not exceed-
ing a sum equal to ten per cent of the first month's wages received
by such person after he has been placed in employment by the
employment agency;
(b) from each person applying to the employment agency for the procure-
ment of any employee for his service, such amount as may be agreed
upon by such person and the person who operates the employment
agency.





THIRD SCHEDULE
[reg. 1
FORM 1

REGISTER OF APPLICANTS FOR EMPLOYMENT WITHIN/OUTSIDE HONG KONG






FORM 2 [reg. 11.]


REGISTER OF APPLICANTS FOR EMPLOYEES WITHIN/OUTSIDE HONG KONG






FOURTH SCHEDULE [reg. 12.]

QUARTERLY RETURN TO COMMISSIONER OF LABOUR

For the period from ..to

EMPLOYMENT WITHIN/OUTSIDE HONG KONG






Name of Employment Agency
.....................................................


Licence Number
.......................................................................

Date ................................. Name of Licensee ..............

Identity Card Number ....................

Signature of Licensee ...................... .................................................
L.N. 101/73. Citation. Applications for the issue or renewal of licences. Licence fees. Form of licences. First Schedule. Display of licence. Prohibited use of licences. Company as licensee. Notification of cessation of business of employment agency. Notification of change of place of business of employment agency. Maximum fees and commission. Second Schedule. Registers required to be maintained and kept. Third Schedule. Return to be submitted to the Commissioner. Fourth Schedule. Application for exemption. Form of certificate of exemption. First Schedule. Application of regulations 5, 6, 7, 8, 9, 11 and 12 to holders of certificates of exemption. Publication of particulars. Offences.

L.N. 101/73. Citation. Applications for the issue or renewal of licences. Licence fees. Form of licences. First Schedule. Display of licence. Prohibited use of licences. Company as licensee. Notification of cessation of business of employment agency. Notification of change of place of business of employment agency. Maximum fees and commission. Second Schedule. Registers required to be maintained and kept. Third Schedule. Return to be submitted to the Commissioner. Fourth Schedule. Application for exemption. Form of certificate of exemption. First Schedule. Application of regulations 5, 6, 7, 8, 9, 11 and 12 to holders of certificates of exemption. Publication of particulars. Offences.

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