### Employment Ordinance 《僱傭條例》

76. Application of this Ordinance as amended by the Employment (Amendment) Ordinance 2007
(1) This Ordinance as amended by the Employment (Amendment) Ordinance 2007 (7 of 2007) (amending Ordinance) applies to contracts of employment entered into on or after the date of commencement＊ of the amending Ordinance (commencement date).
(2) Where an employee’s contract of employment was entered into before the commencement date and the date of termination of the contract falls on or after the commencement date, this Ordinance as amended by the amending Ordinance applies to the calculation of the following payments—
(a) any payment in lieu of notice or sum payable by or to the employee under Part II;
(b) any sum payable to the employee under section 15(2);
(c) any sum payable to the employee under section 33(4BA) or (4C);
(d) any sum payable to the employee under section 40A(2);
(e) any sum payable to the employee under section 41D.
(3) Where an employee’s contract of employment was entered into before the commencement date and any end of year payment or proportion thereof payable to the employee under Part IIA becomes due on or after the commencement date, this Ordinance as amended by the amending Ordinance applies to the calculation of the end of year payment or proportion thereof.
(4) Where an employee’s contract of employment was entered into before the commencement date and any maternity leave pay, sickness allowance, holiday pay or annual leave pay is payable by the employer to the employee in respect of a wage period the last day of which falls on or after the commencement date, this Ordinance as amended by the amending Ordinance applies to the calculation of the maternity leave pay, sickness allowance, holiday pay or annual leave pay.
(Added 7 of 2007 s. 17) Editorial Note:

* Commencement date: 13 July 2007 (sections 1 to 15 and 17); and13 January 2008 (section 16). 

### Employment Ordinance 《僱傭條例》

78. Transitional provisions relating to Employment (Amendment) Ordinance 2020
The transitional provisions contained in Schedule 10 have effect.
(Added 13 of 2020 s. 12)

### Employment Agency Regulations 《職業介紹所規例》

1. Citation
These regulations may be cited as the Employment Agency Regulations.

2. Applications for the issue or renewal of licences
(1) An application for the issue or renewal of a licence under section 52 of the Ordinance shall—
(a) be in writing in such form as the Commissioner may determine;
(b) specify—
(i) (Repealed L.N. 159 of 1992)(ii) the place, or intended place, of business of the employment agency;
(iii) such other particulars of the applicant and the employment agency as the Commissioner may require to be furnished to him; and
(c) be submitted to the Commissioner at such place and during such business hours as the Commissioner may determine.
(2) An application for the issue of a licence shall be submitted to the Commissioner, together with two recent identical photographs of the applicant, not later than one month before the applicant intends to commence business.
(3) An application for the renewal of a licence shall be submitted to the Commissioner not later than two months before the expiration thereof.

3. Licence fees
(1) The fees specified in the Fifth Schedule shall be payable in respect of a licence issued or renewed under section 52 of the Ordinance. (L.N. 379 of 1992)
(2) No refund of a fee paid under paragraph (1) shall be made by the Government if the licence in respect of which it is paid is revoked by the Commissioner. (L.N. 379 of 1992)

6. Prohibited use of licences
(1) No person other than the licensee shall use or make use of, directly or indirectly, a licence.
(2) A licensee shall not lend, transfer or assign his licence to another person.

7. Company as licensee
(1) A company to which a licence is issued shall notify the Commissioner in writing of the name of an individual who is— (8 of 2018 s. 9)
(a) an associate (as defined by section 50(1) of the Ordinance) of the company; and
(b) appointed by the company to operate, manage or assist in the management of the employment agency in respect of which the licence is issued. (8 of 2018 s. 9)
(2) A company to which a licence is issued shall, within 14 days after any change in the management of its employment agency, notify the Commissioner in writing full particulars of the change. (E.R. 2 of 2018)

### Employment Agency Regulations 《職業介紹所規例》

8. Notification of cessation of business of employment agency
(1) When an employment agency ceases to operate as a business the licensee shall, within 7 days— (E.R. 2 of 2018)
(a) notify the Commissioner in writing that the employment agency has ceased to operate as a business; and
(b) deliver his licence to the Commissioner.
(2) On receipt of a notification and licence under paragraph (1) the Commissioner shall cancel the licence.

9. Notification of change of place of business of employment agency
(1) If a licensee wishes to change the place of business of his employment agency he shall, not less than 14 days before the change— (E.R. 2 of 2018)
(a) notify the Commissioner in writing full particulars of the change; and
(b) submit his licence to the Commissioner.
(2) On receipt of a notification and licence under paragraph (1) the Commissioner shall—
(a) endorse the change of address of the employment agency on the licence; and
(b) return the licence to the licensee.

10. Maximum fees and commission
(1) (Repealed L.N. 159 of 1992)(2) The maximum commission which may be charged and received by an employment agency in connexion with the employment of any person shall be that set out in Part II of the Second Schedule. (8 of 2018 s. 10)
(3) A licensee shall cause Part II of the Second Schedule, written both in English and in Chinese characters, to be displayed at all times in a conspicuous position at the place of business of his employment agency. (L.N. 159 of 1992)

13. Application for exemption
An application for the exemption of an employment agency from the provisions of Part XII of the Ordinance shall—
(a) be in writing in such form as the Commissioner may determine;
(b) specify—
(i) the place, or intended place, of business of the employment agency; and
(ii) such other particulars of the applicant and the employment agency as the Commissioner may require to be furnished to him; and
(c) be submitted to the Commissioner at such place and during such business hours as the Commissioner may determine.

15. Application of regulations 6, 7, 8 and 9 to holders of certificates of exemption
Regulations 6, 7, 8 and 9 shall apply in the case of a person to whom the Commissioner grants exemption under section 54 of the Ordinance as if any reference in these regulations— (L.N. 159 of 1992)
(a) to a licence were to a certificate of exemption;
(b) to a licensee were to a holder of certificate of exemption; and
(c) to a licensed employment agency were to an employment agency exempted under section 54 of the Ordinance.