HK sets rules on job interviews for Canada

The Hong Kong Labor Department has sent letters to agencies recruiting job applicants for Canada not to conduct interviews unless they are licensed to do so. In a letter sent out to the unlicensed recruiters, the Employment Agencies Administration told them to stop interviewing applicants in Hong Kong or face prosecution and a possible fine of up to $50,000. But according to Tessie Chan, the proprietor of the licensed HK-Philippines Employment Agency who has a tie up with the Canadian-based Rakela Care International Nanny Agency, it all depends on the word used. Rakela Spivak, the president of Nanny Agency, was one of those who received a letter from the EAA which explained the relevant provisions under the Employment Ordinance of Hong Kong which apply to any employment agency whether the employment is to take place in Hong Kong or not. The business of an employment agency, according to the Ordinance, is to obtain employment for another person or to supply the labor of another person to an employer. Those who operate, manage, or assist in the management of an agency should get a license or be guilty of an offence and liable upon conviction to a fine of $50,000. "As conducting interview in Hong Kong is regarded as one of the employment agency activities, you are reminded that you must obtain an employment agency license," went the letter. "Please do not conduct any interview or other employment agency activities in Hong Kong unless and until you have obtained an employment agency license." Spivak was also told to delete a line in the agency's website that says that she comes to Hong Kong to interview job applicants. It has since been changed to, "She flies to her office in Hong Kong several times a year, where she personally Conduct(s) Orientation for each and every applicant." Keeping the EAA's letter in mind, it has since been business as usual for them, says Chan. "Pinaliwanag ng Labor Department na ang activities ng employment agency ay recruiting, interviewing, getting application forms, and getting a commission at kailangan magkaroon ng license para dito," she said. Interviewing applicants is not allowed for unlicensed agencies, says Chan, but conducting an orientation or seminar is acceptable. "Wording lang ang pagkakaiba," she says. But another agency which was warned two years ago took it seriously. The Diamond Personnel Inc. has since applied for its own employment license in Hong Kong. "We want to do it right," says Andy Chui who manages Diamond Personnel on behalf of Audrey Guth, the agency's director based in Canada. "Although the seminar is just to give information to the applicants, you still have to have a license," he says. Chui says that the EAA often checks and examines its license at least four times in a year, but finds nothing suspicious. "We are not scared. All these inspections, they [authorities] are satisfied." But even with an employment license in Hong Kong, Chui says that he does not take part in the recruitment process here. All are done by the applicants themselves. "Do we take part in the recruitment? No. We do not handle anything in Hong Kong," he answers, citing the statutory limitations to what they can do. "Unfortunately, 10% commission is only allowed. That should be taken after the applicant receives his or her first salary. That means we could get no more than $1,200 per applicant. No one in the business could survive with that," he says. He adds that it is also costly for Guth to come to Hong Kong and stay for three to four days to conduct the orientation or seminar. While some of the agencies try to work within the limitations set by the law, several Filipinas who found themselves still without a job despite paying hefty fees to recruiters based in Canada have sought help from the Consulate. Acting on their complaints, Labor Attache Romy Salud wrote to EAA on June 21 to clarify its position regarding Canadian agencies that conduct interviews in Hong Kong. In its reply, EAA referred to the Ordinance and added that, "... [T]he agency fee charged by employment agencies of the importing or exporting countries would fall outside the jurisdiction of Hong Kong." What this means is that the requirement of collecting only one month's salary as recruitment fee does not apply to agencies not licensed in Hong Kong. Also, there is no equivalent in Hong Kong of the Philippines' illegal recruitment law, which imposes severe punishment on those who promise inexistent jobs abroad, and collect hefty fees from gullible applicants. In several instances in the past when such scam was perpetrated on Filipinos living in Hong Kong, as in the recent case of a local resident who duped several into paying for job placements in South Korea, the only recourse left for the victims was to complain of fraud to the police, or go to the Small Claims Tribunal for a refund of their money. To prevent others falling into the same trap, Labatt Salud says those seeking jobs to Canada should get a proof of a job opening or vacancy, the details of employment, the company name, the position open, and check whether the agency is legitimate or accredited, its job quota, and whether it has a tie up with other agencies. "Inquire. Come to the Consulate to check whether the agency is accredited. Common sense dictates that," he says. - The Sun, HK