Key Takeaways
- You must obtain an Employment Agency (EA) Licence or a Certificate of Exemption (CoE) before offering job-placement services in Hong Kong.
- Unlicensed operation is a criminal offence punishable by a fine up to HK$350,000 and 3 years’ imprisonment.
- Apply at least 1 month before your intended start date and renew no later than 2 months before expiry. Each licence is valid for 12 months.
- Fees are HK$2,000 for issue or renewal, HK$385 per duplicate licence (branch), HK$155 per alteration (e.g., address change).
- Display the licence and Part II of the Second Schedule (commission notice) conspicuously at your office. Failure to display may result in a HK$10,000 fine.
Under the Employment Ordinance, an employment agency is an establishment or person that obtains employment for another person or supplies personnel to an employer. In short, a recruitment firm serves as an intermediary that matches candidates to roles.
Recruitment firms remain integral to Hong Kong’s hiring landscape, serving both specialist and general talent needs. Keep your service scope clear so your licensing and compliance match your actual operations.
When You Need an Employment Agency Licence (and When You May Be Exempt)
Unless exempt, you must hold an EA licence or CoE. The following are exempt under the Employment Ordinance and Employment Agency Regulations:
- Agencies run or subvented by the Government of the HKSAR
- Agencies operating under the Merchant Shipping (Seafarers) Ordinance
- Employers recruiting only their own staff
- Contractors or subcontractors employing workers for their own work
- Non-profit agencies run by publication proprietors
- Non-profit agencies operated by recognised educational institutions for their students or graduates
If exempt, you still need to apply for a Certificate of Exemption from the Labour Department.
Operating without a valid licence or CoE can result in a HK$350,000 fine and 3 years’ imprisonment.
Pre-Application Checklist
1) Choose Your Business Vehicle and Register It
You can operate as a sole proprietorship, partnership, or private limited company. Each must hold a valid Business Registration Certificate (BRC). Companies must also register with the Companies Registry.
2) Confirm Your Agency Name
Before applying, confirm name availability by emailing ea-ee@labour.gov.hk or faxing 2115 3756 to the Labour Department.
3) Appoint a Nominated Operator
The nominated operator must be a director or employee responsible for daily operations. They must attend an in-person interview, authorize a police record check (past 5 years), and, if not a permanent resident, consent to an Immigration Department conditions-of-stay check.
4) Prepare Required Disclosures
Since 9 May 2024, you must include Information on Relationship with Financial Institution(s) with every application and renewal.
Note
Tip
Air Corporate can prepare the full application pack, including board minutes for the nominated operator appointment and the new financial-relationship disclosure.
How to Apply for an Employment Agency Licence
Deadline: Submit not later than 1 month before your intended start date.
Documents required:
- Employment Agency – Application for a Licence (L.D. 184(S))
- Particulars of Employment Agencies to be Displayed at EA Portal (EAP-F1)
- Particulars of the Associate of Employment Agency (EA-LOA) with authorization for checks
- Business Registration Certificate
- For companies: 1.) board minutes or Notification of Appointment of Nominated Operator, 2.) Company incorporation documents (e.g., NNC1, NAR1), and 3.) Identity documents of directors and the nominated operator
Both the applicant and the nominated operator must attend an interview with the Employment Agencies Administration (EAA) and sign the relevant authorisation forms.
Licence fees are payable upon approval.
Compliance on Approval
| Item | Requirement / Details |
|---|---|
| Licence validity | 12 months |
| Issue or renewal fee | HK$2,000 |
| Duplicate (branch) fee | HK$385 per branch |
| Alteration fee (e.g. address change) | HK$155 |
| Display requirement | Licence and Part II of the Second Schedule must be displayed conspicuously at business premises |
| Penalty for non-display | Up to HK$10,000 fine |
| Penalty for unlicensed operation | Up to HK$350,000 fine and 3 years’ imprisonment |
