Hong Kong's Agency Rules: How to Check a Malaysian Maid Agency

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On 11 November 2026, Hong Kong's labour secretary told legislators that employment agencies placing domestic helpers must state in writing what happens if a helper leaves early. Agencies that ignore this risk losing their licence. The Hong Kong SAR Government published the full written reply. The city's rules are not Malaysia's rules, but the question behind them comes up in every Malaysian family that hires a helper: how do you know your agency is properly licensed, and what should it actually do for you?

man writing on paper
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What happened in Hong Kong

A legislator asked the government whether agencies should share costs with employers when a helper ends her contract without good reason in the first few months. Secretary for Labour and Welfare Chris Sun answered in writing. He explained that either side may end Hong Kong's standard two-year contract early by giving one month's notice or paying one month's wages instead.

He did not commit to a cost-sharing rule. Instead, he pointed to the Code of Practice for Employment Agencies, which the Labour Department revised in May 2024. Under that code, an agency's service agreement must say clearly whether the family gets a refund, a replacement helper or some other arrangement if the contract ends early, and whether any extra fees apply. If an agency fails to comply, it can be warned, refused a licence renewal or have its licence revoked. Dimsum Daily's report on the reply also covers the immigration side. Over the three years to October 2026, a special team looked into 3,303 visa applications from helpers suspected of "job-hopping" and rejected 455 of them.

The idea behind all this is that families should know what they are paying for before they sign. Hong Kong also runs an official domestic helper portal from its Labour Department, with a search tool for agencies that hold a valid licence.

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Why this matters for Malaysian families

Malaysia has its own licensing system, and it is just as strict on paper. Under the Private Employment Agencies Act 1981 (Act 246), anyone who recruits, including placing foreign domestic helpers, must hold a licence from the Peninsular Malaysia Labour Department (JTKSM). According to JTKSM's own FAQ on private employment agencies, recruiting without a licence can lead to a fine of up to RM200,000, up to three years in prison, or both.

The same FAQ explains the licence categories. Category A covers local job placement only. Categories B and C both allow an agency to place foreign domestic helpers in Malaysia. A licence lasts 24 months, so a certificate that was valid two years ago may not be valid now.

The risk is real. In November 2025, The Star reported figures given in the Dewan Rakyat: 30 scam cases involving unlicensed helper recruitment between January 2023 and October 2025, with losses of RM269,772. The deputy minister linked the rise to fake online adverts and offers of helpers who did not exist. The same report said JTKSM had prosecuted 13 cases against licensed agencies for breaking the rules, so having a licence does not let an agency off the hook either.

Government-to-government arrangements are also changing. Bernama reported in October 2026 that Malaysia and Indonesia are in the final stage of negotiating a new memorandum of understanding on domestic workers and caregivers, to replace the current one before it expires in April 2027. When the rules shift, a licensed agency that follows official channels matters even more.

What a good licensed agency handles for you

A licence is the minimum. What helps families most is an agency that is open about its process, fees and duties to both the family and the helper. In practice, a reputable agency should:

  • Be easy to check. Act 246 requires agencies to display their licence at their premises and print their licence number in job advertisements, according to the JTKSM FAQ.
  • Charge within the legal limits. The FAQ says charging fees above the rates set in the First Schedule of Act 246 is an offence. Ask the agency to explain every charge, and check the current limits with JTKSM if you are unsure.
  • Manage the paperwork properly. This includes work permit applications and renewals, FOMEMA medical checks, insurance and levy matters. Requirements and costs change, so get current figures from the agency or the Immigration Department (JIM) rather than from old social media posts.
  • Put the hard questions in writing. Hong Kong now requires this, and it is sensible here too: what happens if the placement ends early, whether you get a replacement or refund, and whether any further fees apply.
  • Look after the helper as well as the family. A good agency explains the helper's rights, including her wages, rest days and the fact that she keeps her own passport. It also gives both sides a clear contact point if problems come up.

If you are thinking about hiring an Indonesia Maid or a helper from the Philippines, ask early on how the agency works with the authorities in the helper's home country. A trustworthy agency will be glad to walk you through it.

Checking a maid agency before you pay
Checking a maid agency before you pay. Diagram: Havannah.

Practical steps before you pay any agency

  1. Ask for the licence number and the company's registered name. Check that they match the name on your invoice and contract.
  2. Check the category. For a foreign domestic helper, the licence should be Category B or C, not A.
  3. Check the dates. Licences run for 24 months, so make sure the one you see is still current.
  4. Verify it independently. Contact JTKSM through the channels on its website. The FAQ lists 03-8000 8000 and the SisPAA public complaints system.
  5. Be wary of online offers that sound too good. Promises of a helper "ready next week", pressure to pay everything upfront, or refusing to let you meet the agency in person or by video are all warning signs.
  6. Get a written agreement. It should list the fees, what each one covers, and what happens if the placement ends early.
  7. Pay only to the company account and keep every receipt. Do not transfer money to a personal account.

If you would like someone to go through these questions with you, you can speak to Agensi Pekerjaan Havannah about the process, the documents involved and what to expect at each stage.

Wrinkled hands with a gold ring resting on a black cane handle
Photo by Alexas_Fotos on Unsplash

Conclusion

Hong Kong's latest reply shows how families everywhere are protected: a licence they can check, a written agreement they understand, and a regulator that can act when agencies break the rules. Malaysian families already have the first two tools under Act 246, and they work best when you use them. Take ten minutes to check the licence, ask your questions in writing, and make sure your helper's rights are respected from day one. To start a conversation about hiring a helper for childcare, housework or elderly care in Kuala Lumpur or Selangor, visit Havannah Maid Agency.

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Sources

Written by Havannah editorial team. Agensi Pekerjaan Havannah Sdn Bhd is a licensed maid agency in Puchong, Selangor, helping families in Kuala Lumpur and Selangor hire and keep good domestic helpers.

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