Published in: Gulf News
Legal expert explains worker’s rights when an employer withholds your passport in the UAE
Dubai: For many expatriate workers arriving in the UAE, handing over a passport to an employer may feel like a routine or unavoidable part of the onboarding process. It is not. In the UAE, it is strictly prohibited for employers to retain or confiscate an employee's passport without the employee's consent.
Unfortunately, some companies take advantage of new expatriate workers who are unfamiliar with the UAE's labour legislation.
That is why understanding your rights as a new employee is not merely advisable, it is essential.
Here is a reader query from someone facing a similar situation:
"I would like to ask for help or advice on how I can get my passport back because my company does not want to return it. They told me it is company policy to keep our passports and that they will only return them once we complete our contract."
Is it legal for an employer to keep your passport?
According to Dr. Hassan Elhais, Legal Consultant at Amal Alrashdi Lawyers & Legal Consultant, Article 13 of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Labour Relations clearly states:
"The Employer must not withhold the official documents of the Worker or force him to leave the State upon the end of the labour relation."
In addition, the UAE government's official policy has consistently confirmed that employers may not confiscate workers' passports.
"The prohibition is also reflected in multiple publications issued by the UAE Ministry of Foreign Affairs, which states that confiscation of a worker's passport is unlawful and that workers do not require their employer's permission to leave the country," Dr Elhais explained.
When can an employer hold your passport?
There are limited situations where an employer may need to take possession of an employee's passport for administrative purposes, such as:
- Visa renewals
- Work permit issuance
- Work permit renewals
However, this does not give employers the right to keep the passport indefinitely.
"While an employee may voluntarily hand over a passport to the employer for a specific administrative purpose such as visa processing or renewal procedures, the passport must be returned immediately upon completion of that purpose, as the employer cannot retain it as security for debts or employment obligations or to prevent the employee from leaving employment," he said.
While an employee may voluntarily hand over a passport to the employer for a specific administrative purpose such as visa processing or renewal procedures however the passport must be returned immediately upon completion of that purpose as the employer cannot retain it as security for debts or employment obligations or to prevent the employee from leaving employment.
Can a worker get their passport back?
Yes. A worker whose passport is being unlawfully retained by an employer is entitled to seek its return and report the matter to the relevant authorities.
How to report an employer for withholding a passport
Dr Elhais recommends the following steps:
1. Request the passport in writing
"The worker should formally request the return of the passport from the employer, preferably in writing, so there is a record of the request and the employer's response," he said.
2. File a complaint with MOHRE
If the employer refuses to return the passport, the worker may file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE), which regulates labour relations in the UAE private sector.
MOHRE can attempt to resolve the dispute and take appropriate action regarding labour law violations.
3. Contact your embassy or consulate
"The worker may seek assistance from their embassy or consulate, especially if the passport has been lost or damaged, or its whereabouts are unknown," he added.
You can visit the UAE Ministry of Foreign Affairs website to find contact details for foreign embassies and consulates in the UAE - www.mofa.gov.ae/missions/foreign-missions-in-uae
How to submit a labour complaint in the UAE
Workers can submit labour complaints through MOHRE's official channels, including its website, mobile application, call centres and labour dispute services. A worker may also file an order on petition through the urgent matters courts.
Before filing a complaint, ensure you have a valid labour contract and any supporting evidence relating to your claim.
- MOHRE website and mobile app - Private sector and domestic workers can register complaints through MOHRE's website - mohre.gov.ae or mobile application.
- MOHRE Call Centre - Workers can contact MOHRE on 600590000.
- Labour Claims and Advisory Call Centre - Workers seeking assistance with labour-related grievances or legal matters can contact MOHRE's Labour Claims and Advisory Call Centre on the toll-free number 80084.
- Dubai Police app - Workers who hold a Dubai residence visa and are employed in the emirate can also submit complaints through the Dubai Police app regarding wages, working conditions, health and safety concerns
Know your rights
While employers may temporarily hold a passport for legitimate administrative procedures, such as visa processing, the passport must be returned to the worker once those procedures are complete. UAE law does not allow companies to retain employees' passports as a condition of employment or until the completion of a contract.
Workers who believe their passport is being unlawfully withheld have the right to request its return and seek assistance from MOHRE, their embassy or consulate, or other relevant authorities.
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