Q: I recently ended up my contract with my employer because of a medical grounds. Actually, we don't have medical insurance, we are working 17 hours and I am not getting any assistance from the company. After submitting my resignation letter, my employer accepted it but requested me to leave the country then only after he will proceed with the cancellation. He finally agreed after a long period of negotiation. Now, the employment visa is cancelled and he forwarded me the residence cancellation where it's clearly mentioned that I have until 08 December grace period. I asked him to give me back my passport which he is keeping it since I started working for the company and he refused, saying that only on the 19th Jan in reference to my flight date which is 20th of January. In between, I received an offer with three times the salary I used to get and a lot of benefits including health insurance. As per the labour law, does he have the right to keep hold of my passport even after cancellation of my employment visa?

Q: Dear Respected Lawyers, I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service. They told me passport can't be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE. Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer. The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials. Finally, I filed my labour complaint today for my Visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my Passport on an urgent basis. Humbly requesting your valued positive advice and assistance.

Q: If there is a pending case filed by the employee against the company, is it possible to travel while the case is ongoing? The passport is with the employee in this case.

Q: Good evening Sir, I just want to know if I can travel to my own country while I still have an against my company here in Dubai?

س: السلام عليكم ورحمه الله وبركاته لقد رفعت قضية عمالية (عمالي كلي) وتم الحكم لصالحي، ونحن الآن في شهر مهلة الاستئناف. وبعد مرور الشهر وكلا الطرفين لم يستأنفا، يفتح ملف تنفيذ. السؤال، هل يجوز طلب جواز سفري من الشركة والاحتفاظ به لدي؟ شكراً وجزاكم الله كل خير

Q: Can I sue my employer for not giving me back my passport? I requested the contract cancellation which I was granted at the labour office, but my employer refused to handover the cancellation paper after I exceeded my 30 days grace period.

Q: Can the plaintiff travel when the labour case is open? I had submitted a labour case against my company last year, April 2020. I got a favourable judgement from the court and it is in the execution stage. I would like to travel to my country for marriage and stay there for a maximum period of one month. Do I need to follow any formalities before travelling? Thanks in advance!

Q: Good afternoon, I have joined a company as a DSA in Deira. I had completed my documentation in 1st week of April. They took 620 dirhams for visa status change and kept my passport. My visa status has changed; it is showing employment and the last date is 23 June 2021. They did not book my medical or visa process till the 15th of June and the last date is coming within 1 week. When I told them that I want to quit, they asked me to pay 3000 to take my passport back. What I have to do? Kindly suggest!

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.

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