Q: My employer canceled my visa last month and said that I should look for work, after that, I take my passport…A: The employer does not have the right to keep your passport and it is best to take it from him as soon as possible.

The employer does not have the right to keep your passport and it is best to take it from him as soon as possible. In 2002, the UAE Ministry of the Interior issued a decree confirming that the passport is a personal document that must be kept by the owner and presented to official government bodies upon request. No party may hold the passport except by judicial order and in accordance with the law. Up to 20,000 dirhams can be paid as a fine, and the employee can file a complaint against the employer at the local labour office and even file a complaint with the police. In 2007, the Ministry of Labor decided to impose fines and administrative penalties against sponsors who refuse to hand over workers' passports, because the passport is a personal document of the worker and it is his right. Therefore, the ministry imposed a fine of ten thousand dirhams with all facilities of the sponsor until the commitment to the decision of the ministry.

What to do if the passport is kept by the employer

Questions & Answers

Questions & Answers

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Can the employer refuse to give the employee his passport?

Q: Good day Sir, Please, I would like to know if it is legal for an employer to hold his employee's educational certificates and passport after frequent requests by the employee to return his documents? This has cost me a lot of loss in terms of time and money while doing online courses. I look forward to hearing from you. Thanks

Nov 2, 2017

4191

Is it legal for the employer to keep the employee's passport?

Q: Is it legal to hold the passport of the employee by a company? I didn't get my passport back after stamping visa, they gave me just a copy of passport with the visa page. My PRO told me that all passports should stay with the company and I can receive it back to travel only upon approval of the management. He explained that this is the company policy and common practice.

Feb 23, 2016

17576

Holding the passport by employer after visa cancellation

Q: Does my employer have the right to hold my cancellation paper and passport after they cancelled my visa? As per my employer, I need to hand over the works properly and get the signature of my project manager. I already handed over all work to my colleagues and they already signed also, but the project manager won't sign it for no reason. My visa was cancelled already last May 21, 2018. Please help. Should I file a complaint against them?

May 22, 2018

8211

Inability to leave the employer until they find a replacement for me to train

Q: Dear Ms. Rajasree, I would like to ask if an employee is not allowed to leave a company, even after completing the notice period, without having the employer found and trained a replacement? I mean, I am willing to train if there is someone. But shouldn't it be within my notice period? Can I stop going to work after my last day? And what can I do if I do not have anyone I can hand over to? Can I send an email attaching my hand-over list and procedures using my personal email towards the end of my notice period?

Jul 11, 2021

351

How can I retrieve my passport from my previous employer after visa canellation?

Q: Good evening Sir, I resigned from my company and they cancelled my visa also. Still, they have not released my passport. I complained in MOHRE (80084) 10 days ago. Still, they did not take any action. Then I went to the police station and they told me I needed to go to Dubai court. There they told me I needed to go to Alaweer immigration. Now, what will I do? Please tell me. They did not give me the September month salary either. Now I am stuck.

Nov 2, 2023

Legal blog

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Can My Employer Hold My Passport?

An interview-format article covering the topic of an employer demanding to hold an employees passport. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of LAWGICAL with LYLAW.

Jan 15, 2020

8433

Amendments to the UAE Company Law

An interview-format article covering the topic of the amendments to the company law in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

May 24, 2021

747

An Overview of the New UAE Labor Law and Recent Amendments of 2024

The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.

Sep 10, 2024

233

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Laws & Regulations

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Federal Law No. (8) of 1980 Concerning the Regulation of Labor Relations

The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.

Apr 20, 1980

103650

Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations

This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.

Sep 27, 2015

12414

Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations

The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).

Sep 20, 2021

26553

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Mohamed Bakheet

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My cousin has multiple penal judgments of fine and jail. How will this be calculated?

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How can I cancel my visa and POA for financial matters if I have a travel ban for company bounced cheque?

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What are my options after my rental renewal offer and deposit was rejected by the owner?

Hello, I submitted an offer and deposit through the trustee office, but the owner rejected it. What is the next step? They sent an email notification stating that if not renewed within the contract's end time, 500 AED will be deducted for each additional day of stay.

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