Employment Agency Licence Hong Kong

Guide for applying an Employment Agency licence (EA) in Hong Kong

According to the Employment Ordinance ("EO"), any person who wishes to operate an employment agency (EA) in Hong Kong to provide job-placement service must apply for a licence, or a Certificate of Exemption ("CoE") from the Commissioner for Labour before he/she can carry out business. The EO stipulated that, only the holder of an EA licence or CoE or an associate of the holder may operate, manage or assist in the management of an EA in Hong Kong. An associate is only allowed to operate, manage or assist in the management of the EA to which the licensee’s licence relates.

In short, an associate includes the management of and a person employed by an EA. According to the law, an associate means a related person of or an individual employed by the licensee or the person intending to be the licensee of an EA;

A related person means, in relation to a company, a director, manager, secretary, or other similar officer of the company; or in relation to a partner in a partnership, another partner in the partnership or another person concerned in the management of the partnership.

Applying for an employment agency licence

1. Check the proposed name of employment agency

Before submitting your application for a licence, please send the proposed name of your employment agency and your telephone number to the Employment Agencies Administration (EAA) of the Labour Department ("LD") by e-mail (e-mail address: ea-ee@labour.gov.hk) or by fax (fax number: 21153756) to confirm that the proposed name can be used for application.

The proposed name should not be identical with or closely resemble the name of another employment agency. If the proposed name is not accepted, propose another name.

2. Attend an interview at the EAA in person

Applicant / nominated operator must attend an interview in person with an officer at the EAA of the Labour Department, bringing along Hong Kong Identity Card (Passport of the applicant / nominated operator is also required if he / she is not the holder of a Hong Kong Permanent Identity Card) and a recent passport photograph.

If the applicant / nominated operator is not a permanent Hong Kong resident, he / she is also required to sign a consent letter to agree this department to check with the Hong Kong Immigration Department so as to confirm whether his / her role as the licensee / nominated operator of an employment agency will constitute a breach of his / her conditions of stay in Hong Kong.

3. Submit documents

Applicant must bring along the following documents:

For sole proprietorship / partnership / limited company

Complete application form:

- 'Employment Agency Application for a Licence' (L.D. 184(S))

- 'Employment Agency - Application for a Licence (supplementary sheet)' (EA-F21)

- 'Particulars of Employment Agencies to be Displayed at Employment Agencies Portal' Form (EAP-F1)

- 'Particulars of Associate of Employment Agency' (with Authorisation) (EA-LOA)

The applicant / nominated operator and other related person(s) are required to sign 'Particulars of Associate of Employment Agency' and an authorisation letter to agree LD to check with the Hong Kong Police Force so as to confirm that he / she has not, within the preceding 5 years, been convicted of an offence against the person of a child, young person, or woman or of an offence involving membership of a triad society, fraud, dishonesty or extortion.

- Photocopy of the valid Business Registration Certificate

Sole Proprietorship

Applicant (sole proprietor) should bring along:

(a) Hong Kong Identity Card / Passport (for non-permanent Hong Kong residents) and a recent passport photo

Partnership

Appoint on of the partners as applicant.

Applicant should bring along:

(a) Hong Kong Identify Card / Passport (for non-permanent Hong Kong residents) and a recent passport photo

(b) Photocopy of the valid Business Registration Certificate

(c) Photocopy of the Hong Kong Identity Card of each of other partners (photocopy of passport is required if the partner is not the holder of a Hong Kong Identity Card).

The copy can be submitted through the applicant at the time of making application, or the partner can choose to present his / her Hong Kong Identity Card / Passport to the Labour Department in person.

(d) Document signed by all partners confirming the appointment of applicant as intended licensee

Limited Company

A director of the company should make application on behalf of the company and the company should appoint a natural person (director or employee) as nominated operator.

Nominated operator should bring along:

(a) Hong Kong Identity Card / Passport (for non-permanent Hong Kong residents) and a recent passport photo

(b) Photocopy of the valid Business Registration Certificate

F Photocopy of the Hong Kong Identity Card of each of the directors (photocopy of passport is required if the director is not the holder of a Hong Kong Identity Card).

(c) The copy can be submitted through the applicant / nominated operator at the time of making application, or the director can choose to present his / her Hong Kong Identity Card / Passport to the Labour Department in person.

(d) Notification of Appointment of Nominated Operator (should either be a director or an employee of the company) signed by all directors or Directors' Meeting Minutes confirming the appointment of nominated operator

(e) Photocopy of (i) the Certificate of Incorporation; (ii) Incorporation Form (Company Limited by Shares) (NNC1) or Annual Return (NAR1); and (iii) Notice of Change of Company Secretary and Director (Appointment / Cessation) (ND2A), if applicable; and Notice of Change in Particulars of Company Secretary and Director (ND2B) if applicable

EAA will process the application for a licence in accordance with s.53(1) of the Employment Ordinance (“EO”). EAA will vet the application and check with the Hong Kong Police Force, Immigration Department and Official Receiver's Office where appropriate.

The Commissioner for Labour may refuse to issue a licence if the applicant or the associate of the applicant:

(a) is an undischarged bankrupt;

(b) has, within the preceding 5 years, been convicted of an offence against the person of a child, young person or woman or of an offence involving membership of a triad society, fraud, dishonesty or extortion;

(c) has knowingly furnished to the Commissioner any false or misleading information in connection with this application for a licence;

(d) has contravened any provision of Part XII of the EO or Employment Agency Regulations (EAR);

(e) has not complied with the Code of Practice for Employment Agencies; or

(f) is not, for any other reason, a fit and proper person to operate an EA.

If application approved, EAA will issue demand note to applicant for payment of licence fee. Upon payment settlement by applicant, licence will be issued.

Validity of the licence

The licence is valid for one year from the date of issuance.

Fee

A licence fee of HK$2,000 is payable after the application has been approved.

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