UAE Local is always there for expats in trouble. here we describe the rules of passport law in the UAE, where holding an employee's passport is illegal in UAE and punishable by a fine of 20,000 dirhams or a three-year jail term.
UAE Passport Law
UAE Ministry of Interior Order:
As per 2002 decree by moiuae: "As the passport is a personal document and as the law obliges its owner to keep and show when required by the governmental authorities, it is not allowed for any party to detain the passport except by the official parties with a judicial order and according to the law. Consequently, it will be considered as an illegal action to detain the passport in UAE except by the governmental parties."
UAE labour law states that employee passports may not be handed over to anyone other than public prosecutors or courts, according to advocates and legal consultants.
It has repeatedly been stated by UAE officials that employers (companies) should not retain passport of their employees.
In the opinion of the assistant undersecretary of labour affairs at MOHRE, HUMAID BIN DEEMAS AL SUWAIDI, confiscating passports is an illegal procedure, since passports are considered to be personal documents and the property of the country that issued them. He added: "This should not be done until there is a court ruling stating that or until there are orders from the courts or public prosecutor to do so.
Rules for International Passports:
It is illegal to keep employee passports without the permission of the employee, not only in violation of UAE law but also in violation of the rules of the International Labour Organization (ILO) Convention to Abolish Forced Labour, to which the UAE is a member.
Keeping Employee Passport after Leaving Job:
After both resignation and termination of a worker, the employer may not hold on to the worker's passport, since the employer can only hold it for a limited period of time for visa processes, whether it is visa filing or cancellation, an employer must return the worker's passport after the visa process is complete.
Fine for Keeping Employee's Passport:
It would cost an employer between 5000 AED and 20000 AED in the UAE if a passport was confiscated. In addition to the potential penalty of three years in prison, there is also the possibility of a fine of 20000 AED.
If your employer keeps your passport:
Since companies are not allowed to keep employee passports except for the purposes of issuing visas, renewing visas, or cancelling visas, you can obtain your passport from the company when needed.
If your employer refuses to return your passport, as per UAE labour law, you first need to inform them that holding the passport of an employee is not allowed in the UAE, provide them with the reference, and politely request them to return your passport. If they refuse, follow the below legal steps.
How to file a complaint for holding an Employee Passport in UAE:
If your employer refuses to return your passport after completion of your visa process, you can register a complaint at the Ministry of Labour (MOHRE) through their website or by dialing the hot-line 800665 or you have an option to file a police case or court case.
You may complain to the Ministry of Labor (MOHRE) or call their hot-line 800665 if your employer refuses to return your passport after the visa process is complete. You can also file a police report or a court case for the same.
The employee has the right to proceed to court in case an employer confiscates his or her passport under any pretext, in accordance with the established procedures, says Mr HUMAID BIN DEEMAS AL SUWAIDI.
There are laws and judicial jurisdictions in the UAE that guarantee ex-pat workers' rights to sue. Many UAE court verdicts have forced employers to return employees' passports and to pay court costs to the courts.
Steps to take before filing a complaint:
To begin with, you should convince your employer and inform him about your intent to complain so he doesn't react in an unpleasant manner once he knows about it.
It will help you if you hire a lawyer before complaining against the employer if you feel uncomfortable about the situation.
What you need to know before signing a job offer:
If you do not want the company to retain your passport, ask the interviewer, hiring manager, or directly the owner about the policy setting out their retention of employee passports before you sign the job offer letter or employment contract. If this is the case, then you will have to negotiate the job offer to avoid this policy.
How is it that most employers still retain passports?
In spite of knowing about UAE passport law, many employers still hold employee passports. Another sad fact is that this holding decree is not implemented seriously. For any policy and rule to be effective, it must be enforced.
In response to employer concerns, "people do not ask us about company's policy with regards to passports before the visa process", they tend to demand their passports after visa application, employers are right at this point, it is the employee's fault, as we pointed out in above precautions, one should ask about company's policy before signing the offer letter. However, I do not blame a job seeker for doing this as they need to live, hence they come to UAE to work and to save money.
What should you do to avoid passport holding issue in UAE:
Now that you know everything about passport holding in the UAE, the next question is what is the most effective method for avoiding this issue? It is necessary for you to obtain the written document from your employer with a signature and stamp indicating that they are holding your passport for safekeeping. It is also important that such documents state that the passport can be returned at any time upon request.
You may hear from your employer that he will return passports once the visa is processed, but it should not be believed unless there is a reason for it.
What is the other ways to Avoid Passport Holding by Employers?
This can be accomplished by contacting your embassy to report an unauthorized company holding your passport, and to ask your home embassy or consulate to send you a letter stating that unauthorized persons or entities are not permitted to hold your passport.
Your passport can also be left in the embassy of your home country for safekeeping with a receipt, which you can pick up at any time.
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