أسئلة وأجوبة
Is the employer supposed to keep the employee passport during his/her contract?
Is the employer supposed to keep the employee's passport during his/her contract?
Dear Client,
Thank you for your inquiry regarding whether an employer is permitted to keep an employee’s passport during the contract period in the UAE.
Legal Position:
Under UAE law, specifically Ministry of Interior Circular No. 267 of 2002, it is strictly prohibited for employers to retain the passports of their employees.
The passport is considered the personal property of the employee, and only judicial authorities (such as courts or police) have the legal right to hold it under specific circumstances.
Key Points:
- Withholding Passports: Employers cannot keep employee passports except for a short period and only for official purposes (such as visa stamping or renewal).
The passport must be returned to the employee immediately after the process is complete.
- Penalties: Employers who unlawfully retain passports may face fines of up to AED 20,000 per passport and imprisonment for up to three years.
- Consent: Even if an employer requests to hold a passport, it should only be with the employee’s explicit, written consent and for a clearly defined, temporary purpose.
The employee retains the right to request the return of their passport at any time.
- Reporting Violations: Employees can report any refusal to return their passport to the Ministry of Human Resources and Emiratisation or the police.
Recommendation:
If you or someone you know is facing this issue, you have the right to request the immediate return of your passport. Should the employer refuse, you may file a formal complaint with the relevant authorities.
Please let me know if you require assistance with this process or need further legal support.
Best regards,
Dear questioner
No, it is illegal in the UAE to keep the passport of someone, where the UAE Labor Law mentions that keeping the employee's passport is a prohibited practice.
You can file a complaint with MOHRE for collecting the passport.
If you need further clarification, kindly share your WhatsApp number.
Hello!
No, in the UAE, it is illegal for an employer to keep an employee’s passport without their consent.
The passport is the personal property of the employee, and withholding it can be considered a violation of the law.
Badr Legal Consultants
Greetings,
As per UAE law, it is illegal for an employer to retain an employee’s passport without the employee’s consent.
The passport is a personal document, and withholding it may be considered a violation of labor and human rights regulations, unless the employee has willingly agreed in writing and can request it back at any time.
If your passport is being held against your will, or you need guidance on how to handle this situation.
We recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy to explore your legal options and take appropriate action.
Hello,
Under UAE law, the employer is not permitted to keep the employee’s passport without the employee’s consent.
Retaining a passport without voluntary approval is considered unlawful, as the passport is a personal document issued by the employee’s country and should remain in their possession unless willingly handed over.
If your employer refuses to return your passport, you may approach the court to obtain a judicial order compelling the company to hand over your passport.
Under UAE law, an employer is not allowed to retain an employee’s passport without the employee’s explicit consent.
The Ministry of Human Resources and Emiratisation has clearly stated that the passport is a personal document and must remain in the possession of the employee unless willingly handed over temporarily.
Under the UAE’s current labour law, employers are strictly prohibited from retaining employees’ passports.
This is clearly stated in Article 13, Clause 2 of Federal Decree-Law No. 33 of 2021, employer obligations (Not withholding the official documents of the worker or forcing him to leave the State at the end of the employment relationship).
The law explicitly states that employers must not confiscate official documents, including passports, from their employees.
