Don't bribe for jobs and be a smart job seeker! Not only becoming a victim of wage exploitation, anyone who pays bribes to get a job or to keep a job will also be liable for corruption offences. If the foreman solicits introduction fees or tea money from you, you should refuse immediately and report to the ICAC as soon as possible. The ICAC 24-hour report hotline is 25 266 366. Adopt a zero tolerance to corruption and enjoy the fruits of your hard work.
Who has robbed my hard-earned money?
Synopsis
Ali is on his first day of work at a construction site. Knowing that Ali would like to introduce his relative to work at the same site, the foreman asks for an "introduction fee" for getting his relative a job opportunity. The foreman also solicits tea money from Ali for keeping his job in the site. Noting that the other workers have been following the "trade practice" to pay the tea money, Ali feels being exploited but does not know what to do.
The video is only available in Cantonese.
Question 1
The foreman solicits introduction fees and tea money from his construction workers. Does the foreman commit any offence?
According to the Prevention of Bribery Ordinance, the foreman is an agent (employee) of the construction company. He commits an offence as he, without the permission of his principal (employer), solicits and accepts advantages (introduction fees and tea money) from the workers in exchange for arranging them to work in the construction site. The workers as well as the job seekers also commit corruption by offering advantages to the foreman.
According to the Prevention of Bribery Ordinance, an advantage means any gift, loan, reward, commission, employment, contract, service, favour, discharge of any liability, etc. (other than entertainment), irrespective of the amount involved.
Question 2
The foreman explains that the collection of introduction fees and tea money from workers is a "trade practice". Can "trade practice" or "custom" be an excuse for accepting advantages?
It shall not be a defence even if the advantage is customary in any profession/trade/vocation/calling. The foreman commits a corruption offence as he, without the permission of his principal (employer), abuses his position to solicit and accept introduction fees and tea money from the workers.
Question 3
What should Ali do to safeguard his own interest?
According to the Prevention of Bribery Ordinance, anyone who offers an advantage to an agent for a job will breach the law. Therefore, Ali should decline the foreman's request immediately and report to the ICAC as soon as possible so as to safeguard his own interest and avoid being implicated in corruption.
