AHKMA and SHARP CODE OF CONDUCT
AHKMA 與 SHARP 經營行為準則
By promoting and branding excellence in the recruitment of Filipino domestic workers to Hong Kong, members of the Association of Hong Kong Manpower Agencies (AHKMA), also referred as ‘Agencies’ and the Society of Hong Kong- Accredited Recruiters of the Philippines (SHARP), also referred as ‘Recruiters’, provide their employer-clients and recruitment candidates with a stamp of high-quality service commitments that are aligned with ILO General Principles on Fair Recruitment.
香港人力資源管理協會 (AHKMA – 以下稱 Agencies)與 Society of HK-Accredited Recruiters of the Philippines (SHARP – 以下稱Recruiters) 兩會成員，在招聘菲傭到香港過程中，為表現追求卓越及專業的服務，因而為其僱主客戶及待聘菲傭提供了高質素的服務承諾，更符合國際勞工組織所指的公平招聘及㇐般原則。
The aim of this Code of Conduct is to support and allow members of both recruitment associations, AHKMA and SHARP, to prove and demonstrate their commitments to the highest principles of integrity, professionalism, fair and ethical business practices in the Philippines-Hong Kong recruitment corridor.
制定 Code of Conduct經營行為準則，目的乃支持並譲 AHKMA 和 SHARP 兩會的會員從菲律賓招聘傭工至香港履新過程中，証明及表現出他們有履行及承諾 :最高準則的誠信、專業精神，以及有公平和有道德地去處理他們的業務。
The Code of Conduct is intended to contribute to the enhancement of business operations, of maintaining the reputable brands of AHKMA and SHARP as key industry players, and of optimizing benefits to both employer and domestic worker toward a successful recruitment and employment outcome.
The Code of Conduct旨在改善業務營運，維護作為行業主要參與者的AHKMA 和 SHARP兩會會員之良好聲譽，向僱主和家庭傭工提供最佳利益以便他們達到成功招聘和就業結果。
CODE OF CONDUCT – PRINCIPLES AND COMMITMENTS 經營行為準則 – 原則和承諾
- ADHERENCE TO LAW
Recruitment across national borders should respect the applicable national laws, regulations, employment contracts, and applicable collective bargaining agreements of countries of origin, transit and destination. Agencies’member should take specific measures against abusive and fraudulent recruitment methods, including those that could result in forced labor or trafficking in persons.
A.1 No minors or those below the minimum age requirement shall be recruited.
A.2 All workers are in possession of proper exit clearances and visas before departing the Country of Origin, including any documentation required to enter the Country of Destination and any transit country along the worker’s travel route thereto, where required.
A.3 Visas, work permits, and employment contracts are consistent and match the worker’s designation (job position) and name of employer, and are renewed regularly in accordance with local law.
工人簽證，工作許可証和僱傭合約的內容必須一致，內容應符合工人指定的工作名稱 (工作職位 ) 和僱主姓名。這些簽證，工作許可証和僱傭合約，都要根據當地法律定期更新。
A.4 Agencies’member ensure compliance with Labor Rights and Hong Kong Labor Ordinance in implementing any contract terms and conditions, including termination procedures.
A.5 Agencies’ member shall ensure to transact business only with licensed and accredited agencies to avoid unscrupulous practices.
A.6 Agencies’member ensure that domestic helper’s compensation is fully compliant with Hong Kong Labor Ordinance, including the provision of receipts for payment.
- FREE OF CHARGE PROVISION OF SERVICES免費提供服務
No recruitment fees or related costs should be charged to, or otherwise borne by, workers or
B.1 Recruiters and Agencies’member do not collect any placement fee from the worker or require the worker to pay or spend for things or expenses not authorized by Philippine and Hong Kong laws.
B.2 Recruiters and Agencies’ member do not collect any fee for documentation and processing of contracts unless required by law.
B.3 Recruiters’ member ensure that fees that are allowed by law to be charged to workers, such as for government-required training and skills certification and medical examinations, are charged at reasonable market rates, are not exorbitant, and are at rates and limits mandated by government authorities.
B.4 Recruiters’ member will not require attendance to additional training for workers possessing TESDA Training Certificate, except for additional skills required by the employer and for which the training fee shall be shouldered by the employer.
SHARP 會員不能要求已經持有 TESDA 培訓證書的工人去參加額外培訓，除非僱主要求工人要有某些額外技能，但僱主必須承擔這些額外培訓費用。
- TRANSPARENCY TO CONTRACT TERMS AND CONDITIONS
The terms and conditions of a worker’s employment should be specified in an appropriate, verifiable and easily understandable manner, and preferably in written contracts. They should be clear and transparent, and should inform the workers of the location, requirements and tasks of the job for which they are being recruited. Written contracts should be in a language that the worker can understand, should be provided sufficiently in advance of departure from the country of origin, should be subject to measures to prevent contract substitution, and should be enforceable. Workers’ agreements to the terms and conditions of recruitment and employment should be voluntary and free from deception or coercion.
C.1 Recruiters and agencies establish and implement a “job order system” that communicates to workers details about the employer, including:
SHARP和 AHKMA建立並實施一個 “工作內容說明系統”，向工人傳達有關僱主的資料，包 括:
∙ number of family members 家庭成員人數
∙ house size 房屋大小
∙ specific job requirements and duties 具體的工作要求和職責
∙ details of accommodations 住宿細節
∙ commitment to HK Laws 對香港法律的承諾
C.2 Recruiters’ member take effective steps to ensure that applicants fully understand and accept the contents of the Standard Employment Contract, including:
- Providing the workers with ample time to decide whether to accept the contract
- Providing workers with a copy of their signed contract in a language that they understand
- Encouraging a member of the family to join the applicant at a mandatory orientation conducted by the Agency in the Country of Origin (CoO) explaining in detail the job offer and the recruitment terms and conditions.
鼓勵工人與一名家庭成員一同參與由當地僱傭代理在原籍國 (CoO) 所舉辦之強制性的「未來工作定向硏討會」，這些研討會有詳細解釋工人未來工作內容與招聘條款和條件。
C.3 Agencies’ member provides all selected workers with a SHARP-AHKMA Handbook on the Profile of a Typical Hong Kong Employer.
AHKMA為所有已選聘的工人提供一本 SHARP-AHKMA 手冊，內容提供有關典型香港僱主的概況。
- RESPECT FOR WORKER RIGHTS, HEALTH AND SAFETY
Recruitment should take place in a way that respects, protects and fulfills internationally recognized human rights. Workers should have access to free, comprehensive and accurate information regarding their rights and the conditions of their recruitment and employment. Agencies take affirmative steps to ensure that workers are employed under contractual agreements that respect worker rights.
At the Country of Origin:
D.1 Recruiters’ member ensure that all applicants attend the Pre-Employment Orientation Seminar (PEOS) or has accomplished the PEOS on line.
SHARP 確保所有申請人都參加就業前定向研討會 (PEOS) 或已上網完成 PEOS。
At the Country of Destination:
D.2 Agencies’ member take effective steps to make sure applicants understand and are clear on their rights as workers as defined in the following :
- Foreign Domestic Helpers Rights and Protection under HK Employment Ordinance
- Agreement between HK Principal and Applicants 香港 代理人/ 僱主 與申請人之間的協議
- Procedure of Employment就業程序
D.3 Agencies’ member comply with all procedural requirements to ensure that workers are properly documented in Hong Kong, including:
- reporting to HK Immigration TO APPLY FOR HKID
- Registering newly-arrived workers for PAOS.
- conduct of medical check-up (AS NEEDED)
securing a signed acknowledgment from the worker that she retains her copy of her Standard Employment Contract, her passport and information from HK Labor Department are kept by the worker herself
D.4 Agencies shall ensure the fair implementation of workers’ employment contract terms and conditions.
D.5 Agencies’ member will not confiscate workers’ passports or other identity documents
D.6 Agencies’ member monitor and report to POLO, OWWA, or other concerned entity any significant event regarding the worker, including illness, accident, hospitalization, resignation, termination, or transfer of employers.
AHKMA會員應監察，並向 POLO，OWWA 或其他相關實體報告有關工人的任何重大事件，包括 疾病，意外事故，入住醫院，辭職，終止合約 或轉換僱主。
D.7 Agencies’ member ensure that workers receive adequate medical treatment in case of illness, accident, or injury during their contract period, at the employer’s expense.
D.8 Agencies’ member shall assist in the worker’s repatriation when needed and ensure that all domestic helpers are safe and well protected post-termination of contract and before returning to their home country.
- NON-DISCRIMINATION AND HUMANE TREATMENT
Agencies’s member do not discriminate, on the basis of any characteristic protected by national or international law, in the recruitment, selection, hiring, placement and employment of workers.
根據國家或國際法例，在招聘，選拔， 僱用， 職位安置和聘用過程中 AHKMA會員不得歧視工人
E.1 Agencies’ member recruit only applicants qualified and determined to work as a Household Service Worker. AHKMA會員只招聘有資格並有決心擔任家政服務工作的申請人。
E.2 Agencies’ member treat all jobseekers and workers humanely and avoid any kind of harassment or abuse in the process of recruiting, placing or managing workers.
- QUALITY OF SERVICE
Agencies’ member have systems, procedures, personnel and resources that ensure professional delivery of recruitment and placement services to the satisfaction of customers (employers and workers).
AHKMA會員應擁有系統，程序，工作人員和資源，確保提供招聘和職位安置專業服務，去滿足客戶 (僱主和工人) 的需要。
F.1 Recruiters and Agencies exert due diligence and have effective procedures in place to ensure that SHARP和AHKMA盡責並製定有效的程序以確保:
∙ All information about the worker is true and correct
∙ Workers are properly trained by a TESDA-accredited training center
工人得到 TESDA 認可培訓中心適當培訓。
∙ Workers are physically and medically fit for the job
∙ Workers complete all departure procedures and documentary requirements
∙ Workers undergo pre-departure orientation, especially on the departure systems and procedures, including matters on immigration, quarantine and customs.
F.2 Recruiters and Agencies’ member assist jobseekers and workers in gathering or producing the documents required relative to their application, including visas, passports, etc.
F.3 Recruiters and Agencies’ member treat the documents submitted by workers with utmost confidentiality and shall exercise due diligence to avoid its loss or damage or use by other entities for whatever purpose without the workers’ express consent.
F.4 Recruiters and Agencies’ member have procedures for protecting confidentiality of information and documents received from employees, workers and jobseekers.
F.5 Recruiters’ member provide transient quarters, for departing workers that require such accommodations who are coming from the provinces. Fees are reasonable and set at a reasonable market rate. Workers who wish to live outside of these quarters will not be prohibited from doing so.
F.6 Recruiters’ member maintain a directory of the families of workers deployed, help them organize and initiate or sponsor social programs or livelihood projects or seminars, including scholarships in coordination with appropriate government agencies or interested private of non-governmental organizations.
F.7 Recruiters’ member work only with government-accredited training institutions, PDOS providers, and medical clinics.
F.8 Agencies’ member will only transact business with employers without adverse records with the POLO and the police as far as the treatment of workers are concerned, or employers who are not watch-listed by POLO.
AHKMA會員只可與良好記錄僱主進行業務往來，包括在POLO 和警方沒有不良待遇工人記錄，或者沒有被 POLO 列入觀察名單內的僱主。
F.9 Agencies’ member will thoroughly interview employers to document their capacity to comply with terms of the contract.
- GRIEVANCE MECHANISM AND ACCESS TO REMEDY
Workers, irrespective of their presence or legal status in a State, should have access to free or affordable grievance and other dispute resolution mechanisms in case of alleged abuse of their rights in the recruitment process or any violations of the aforementioned Code of Conduct standards, and effective and appropriate remedies should be provided where abuse or violations have occurred.
G.1 Recruiters’ member provide all departing workers with a “travel kit”, including the directories of persons or offices to be contacted, in case of problems or emergencies.
G.2 Recruiters and Agencies have a monitoring and problem solving procedure in place that includes: SHARP和AHKMA有一個監控和解決問題的程序，包括:
∙ Monitoring the status of workers
∙ Providing workers a safe channel, possibly a 24-hour hotline, to report grievances and contract violations
∙ A non-reprisal policy for workers reporting grievances
∙ Acting on problems or concerns reported by workers, including an objective, fair and transparent investigation process:
∙ Counseling workers and helping to mediate worker-employer issues
∙ Assisting workers to gain access to remedy where workers’ rights or contract terms have been violated
- IMPLEMENTATION MONITORING PROCEDURE 實施監測程序
AHKMA and SHARP shall establish their own complaints procedure for members who may violate the principles of the Code of Conduct.
AHKMA 和 SHARP 應為可能違反行為準則的會員，制定自己的投訴程序。
H.1 If a complaint is made against a member that has breached the principles and commitments contained within this Code of Conduct, the said member shall be dealt with in accordance with corresponding internal complaints procedure of AHKMA and SHARP.
如果一名會員因違反準則中所包含的原則和承諾而遭到投訴，此名會員應按照 AHKMA 和 SHARP 的內部相應投訴程序處理。
H.2 Should a member fail to adhere to the principles of this Code of Conduct after a procedural due process has been completed, AHKMA or SHARP reserves the right to terminate the said member’s membership.
如果成員完成正當調查程序後，發現未有遵守準則，AHKMA 或 SHARP 保留終止該成員會員資格的權利。
H.3 If a decision to terminate membership is to be adopted, AHKMA or SHARP shall act in good faith and in compliance with any applicable law and will follow its own rules and procedures including any right to appeal.
如果決定採用終止會員資格，AHKMA 或 SHARP 應本著誠意行事，並遵守所有適用法律，並遵守SHARP及AHKMA自身的規則和程序，包括上訴權利。