Hong Kong government issues draft code of conduct for domestic helper agencies

Phila Siu

Labour minister Matthew Cheung warns that the code will be turned into legislation if agencies fail to comply with its requirements

In an attempt to crack down on malpractices among employment agencies for domestic helpers, the Labour Department has issued a 100-page draft code of practice setting out a list of standards the city’s 1,400 agencies must meet.

While the code is not legally binding, the department has made clear in the code that the labour commissioner is granted power under the Employment Ordinance to revoke agency licences if the bosses are considered unfit to operate their businesses

In deciding whether a licence should be revoked, the commissioner takes into account whether the agency boss has adhered to the standards listed in the code.

“The code is a giant step forward. Many people are concerned about the protection of domestic workers and employers, as well as the agencies’ mode of operation. That’s why we have spent quite some time to draft this code,” Secretary for Labour and Welfare Matthew Cheung Kin-chung told members of the Legislative Council’s manpower panel on Tuesday.

“If the code turns out to be ineffective, we do not rule out the possibility of legislating [it]. That means it will become mandatory.”

Cheung said he aimed to legislate the code two years after it came into practice if it turned out to be ineffective.

Under the code, agencies need to draw up separate service agreements with domestic workers and employers. They must list clearly the service terms and the fees an agency will charge.

The department has provided samples of the contracts in different languages. Agencies must distribute them to domestic helpers, who then need to confirm in writing that the agencies have briefed them about contract details.

Another requirement is that agencies need to brief workers on their labour rights and how they can seek assistance from the government if they have to.

A consultation will last until June 17.

Democratic Party lawmaker Sin Chung-kai had doubts over the effectiveness of the code.

“In many cases, when things went wrong, it was not because of the Hong Kong agencies. It was their overseas partners. The code fails to regulate the partnership between the Hong Kong and overseas agencies,” he said.

Party chairwoman Emily Lau Wai-hing described the code as a “toothless tiger”.

A government document submitted to the Legco panel also showed that the department had carried out more checks on agencies over the past three years. The number rose from 1,013 in 2013 to 1,352 in 2014 and 1,348 last year. In the first quarter of this year, the department inspected 422 agencies.

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