Required under the Employment Ordinance (Cap. 57). Labour Department requirements, the 10% commission cap, annual renewal, domestic helper vs recruitment agencies, and how to buy an existing licensed agency.
By Easy Biz Team at Easy Solution (HK) Limited · Published 5 July 2026 · 5 min read
An Employment Agency (EA) License is issued by the Labour Department under Part XII of the Employment Ordinance (Cap. 57) and the Employment Agency Regulations. It is required by any person or entity that, for reward, assists another person in obtaining employment or supplies a person to an employer to fill a vacancy.
Operating an employment agency without a valid license is a criminal offence under Section 53 of Cap. 57, punishable by a fine of up to HKD 50,000.
You need an EA license if your business involves any of the following activities for profit:
Free job-matching platforms that do not charge fees may be exempt. However, most commercial recruitment businesses require a license.
To obtain an Employment Agency License, the applicant must satisfy the following requirements:
The application process typically takes 3–6 weeks, during which the Labour Department conducts inspections of the proposed premises.
One of the most critical regulations governing employment agencies in Hong Kong is the 10% commission cap. Under Regulation 10 of the Employment Agency Regulations:
Important: For foreign domestic helper placements, the 10% cap applies to the helper's first month's salary. Many agencies charge the employer separately for placement services, but the charge to the helper must not exceed 10%.
There are two main categories of employment agencies in Hong Kong, and understanding the distinction is important:
| Feature | Domestic Helper Agency | Recruitment Agency |
|---|---|---|
| Target market | Foreign domestic helpers (FDH) | Local professionals, executives |
| Additional permits | May need accreditation with sending country (Philippines, Indonesia, etc.) | Standard EA license only |
| Commission model | Typically charged to employer + capped 10% from helper | Charged to employer (contingency or retained) |
| Regulatory scrutiny | Higher — Consulate liaison, ID provisions | Standard Labour Department oversight |
| Market size | ~390,000+ FDHs in HK | Broad corporate market |
An Employment Agency License must be renewed annually. The renewal requirements include:
Operating with an expired license while the renewal is pending is technically an offence. Always submit the renewal application well in advance.
Acquiring an existing licensed employment agency through share transfer is faster than applying for a new license. The process involves:
Step 1: Identify a suitable licensed agency and sign a non-disclosure agreement.
Step 2: Conduct due diligence — verify the license is current, check the Labour Department's public register, review compliance records, and confirm there are no outstanding complaints or enforcement actions.
Step 3: Sign the Sale & Purchase Agreement and pay the deposit.
Step 4: Complete the share transfer — file the Instrument of Transfer and pay stamp duty of 0.2% under Cap. 117.
Step 5: Update directors, shareholders, secretary, and operators. File Form NCA1 with the Companies Registry.
Step 6: Notify the Labour Department of the change in ownership and management. A new Form EA-1 may need to be filed to update the operator details on the license.
Step 7: Take over the business. The license continues under the new ownership, subject to annual renewal.
| Factor | Buy Existing | Apply New |
|---|---|---|
| Timeline | 2–3 weeks | 3–6 weeks |
| Cost | HKD 50K–150K | HKD 5K–15K (filing + setup) |
| Premises inspection | Already passed | Required |
| Client base | May include existing clients | Start from zero |
| Compliance history | Inherits existing record | Clean start |
Can I operate multiple branches under one employment agency license?
No. Each branch office requires a separate license. You must apply for an additional license for each branch address.
What records must an employment agency keep?
Under the Employment Agency Regulations, agencies must maintain records of all job seekers registered, placements made, commissions charged, and receipts issued. These records must be available for Labour Department inspection.
Can I transfer my employment agency license to another person?
The license is attached to the licensed entity. To transfer, you acquire the company through a share transfer and then notify the Labour Department of the change in operator. The license remains valid for the entity under new ownership.
Browse our marketplace for licensed companies, or contact us for a confidential consultation on the transfer process.
Browse Marketplace Contact Us