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Agency fee red-flag list

You do not have to use an agency under Hong Kong law — but if you do, check the licence, get itemised fees in writing, and never become the debt collector for the helper’s loans.

Verified

Problem

Agencies sell speed. Employers pay before terms are clear. Helpers sometimes face illegal extra fees. Messy paperwork becomes your problem when someone walks or ImmD asks questions.

Steps

Confirm a valid Hong Kong EA licence. Only licensed employment agencies may do job placement. Search the Labour Department Employment Agencies Portal before you pay. Report suspected unlicensed operators to EAA. Verified — LD / EAA.
Know HK does not force you to use an agency. Some helper home countries may require one — check the relevant consulate. Verified — LD points-to-note page.
Written service agreement before payment. Cover service scope, itemised employer fees, helper reporting date, refund/exchange/guarantee. Sign both sides; keep a copy. Verified — LD employer notes.
Receipt every payment. No receipt, no pay. If terms fail, Consumer Council / Customs (Trade Descriptions) / civil claim paths exist — LD points there. Verified
Helper-side commission cap (for your awareness). Hong Kong EAs may only charge a job-seeker the prescribed commission — currently 10% of the first month’s wages after successful placement — not other fees. Payment should not be taken before the helper receives that first month’s wages. Verified — LD / EA Portal / FDH handbook.
Do not deduct helper wages to repay agency/loan debts. LD states EAs should not ask employers to deduct wages for overseas agency or loan repayments; unlawful wage deduction is an offence. Verified — LD FAQ / Employment Ordinance themes.
Red flags — slow down or walk.
- No licence on the EA Portal
- Pressure to pay cash with no itemised agreement
- Vague “package” with no refund terms
- Asks you to collect loan repayments from the helper
- Refuses receipts or copies of what you signed
Likely — synthesis of LD warnings + common practice

Before you transfer money

Licence verified on eaa.labour.gov.hk
Written service agreement with itemised fees
Refund / replacement terms readable
Receipt path clear
No wage-deduction / debt-collector role for you

Sources

Verified — LD FDH — Engaging an Employment Agency
Verified — LD — Points to note when using employment agencies
Verified — Employment Agencies Portal — looking for a licensed EA
Verified — LD FDH handbook / FAQ materials on prescribed commission and wage deductions

FAQ

What should employer fees cost?

HK law focuses on licensing and (for helpers) the prescribed commission cap — employer service fees are contractual. Compare itemised quotes; don’t treat the first number as sacred. Likely

Is this legal advice?

No. Use current LD / EAA pages and get advice if money is large or disputed.

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