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Can an employer hold the employee's passport until he releases the change status papers?

Hello,

If any employee resigns from the organization and we have completed his visa cancellation, can we ask him for proof of his visa change status for our HR records; either a copy of the exit air ticket or a copy of his E-visa to keep our records clean?

Can we hold his passport until he releases the change status papers?

Swiss Group Legal Ltd
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13 Nov 2019, 11:02

Dear questioner,

It is illegal to detain an employee's passport without their written consent.

If your employee is returning to their home country, it is the responsibility of the employer to provide a return ticket to their employee. The flight ticket will be the proof for your records.

If the employee wanted to stay and look for a different job, you can ask them to sign an undertaking that they will change their status or leave the country before the end of the 30 days grace period.

Good Luck!

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