Unethical Practices of Employment Agencies in Hong Kong
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Hiring with an unethical employment agency can be a trouble to both the helper and the employer. As the employment agencies mostly only profit from agency fees charged to the employers and placement fees charged to the domestic workers, they have to think of alternative, sometimes illegal, ways of earning money. This article will tell you some common practices of unethical employment agencies, so you will know how to avoid them.
Confiscating leaflets delivered by the Labour Department
When workers arrive at the Hong Kong airport, they will receive a leaflet from the Labour Department informing them of their rights in Hong Kong. However, more often than not, these leaflets will be confiscated by the employment agency. Unethical employment agencies often refuse to inform the helpers of their rights, so that it is easier to abuse them or advise the employers to abuse them. Employers sometimes dislike an informed helper, because they will start demanding treatment according to the law. As an employer, you have the responsibility to inform your helper of her rights. You can ask whether she has received the leaflet at the airport and has read and understood it. You can also show her other resources provided by the government.
Providing false information about the domestic worker
There are some employment agencies that collude with the helpers and give prospective employers false information about the helpers. For example, to find an employer for a helper who is terminated due to poor work performance, the employment agency might tell prospective employers that the helper is terminated due to external reasons like the employers got a divorce. But when the helper starts working, the employer realizes that her skills in reality do not correspond at all to the qualifications listed on the profile.
Giving unethical and illegal advice to employers
To show that they are on the employers’ side, some employment agencies will give employers advice that are unethical or even illegal. For example, they might advise the employers not to give their helpers rest days for a few months or deduct from the helpers’ salary when they make mistakes. Not only are these actions unethical, but they are also illegal! Note that your helper needs to have a rest day every week and has a minimum salary. If you want your worker to work on her rest day you cannot pay wages in lieu of rest day, and you must give her an alternative day off within 30 days. Therefore, do not trust the agent’s advice blindly. Checking the website of the Labour Department is the only way that can guarantee right information.
Refusing to refund agency fee
Another practice of unethical employment agencies is that they ask helpers who have better job experiences and language skills to be always available at the agency. Therefore, when prospective employers arrive at the agency, they will interview those helpers with better skills. Most likely they will be happy with the helper they interview, and pay the fee to the agency. Afterwards, the agency informs the employer who has paid the agency fee that the helper decides to not take the job offer, and that the agency will not refund the agency fee. Under these circumstances, the employer will have to find a new helper in the agency, who most likely is not as good as the one before.
Advising the helper to misbehave so that the employer will terminate the contract
It is a common practice that the employment agency advises the helper to misbehave, such as by having a bad attitude, so that the employer will terminate the contract with the helper. What are the benefits for the agency and the helpers by doing this? Firstly, the agency will earn agency fees regardless of how good the helper is and whether she finishes contract. Secondly, the employer can look for a new helper through their agency, so that the employment agency can earn even more money. For the helper, if they have worked for at least three months, they can get a return ticket to their home country and one month’s salary if the employer decides to pay wages in lieu of notice. However, note that if the worker has been terminated for multiple times, she can be banned from working in Hong Kong again. To avoid falling victim to this practice, you can do more research before appointing an employment agency or directly hire domestic workers through an online platform.
Convincing the domestic workers to sign up for fake job offers
A lot of domestic workers hope to work in the Western world, thinking that the environment there would be better, not knowing that a lot of those countries do not have visas for foreign domestic workers. Some employment agencies exploit this weakness of the helpers and make up nonexistent job offers to helpers to work in Canada or the US. They would ask the helpers to pay for their visas first, but of course the helpers will never get the chance to really go to those countries to work. The Labour Department has cracked down on such employment agencies and unethical employment agencies have been closed down.