Is Employer authorised to withhold the passport?
A passport is an entity that belongs to its holder, who owns it. UAE Law provides independence and totally free movement to employees working in the UAE, as well as everyone. So, Is Employer Authorised To Withhold The Passport or Not? What law states that the Employer, creditor, or any person who has to receive a receivable can’t keep or withhold the passport. The law does not allow it and provides no provision for this.
Only a judge can stop a debtor or a person who has to pay the financial obligation from travelling, or can also order the submission/surrender of their passport. It is all based on the decisions of the court. Even creditors/employers can’t keep the passports of employees or debtors. Therefore, as per the law, a passport cannot be withheld. There is no reason that an Employer can keep the passport of the employee. Once the VISA is stamped, the visa is cancelled, and then it should be returned to the employee immediately.
Bounced Cheque Case?
Article 401, UAE Penal Code, amended by Federal Law No 34 dated 24/12/2005, states that the defendant/signatory will be a jail punishment/sentence or a fine if he issues the cheque with bad intention when he does not have sufficient amount in the Bank, or after issuing the cheque, he withdraws the amount required. If it is found that he did it intentionally, then he can be given the sentence of jail sentence or a fine, or both.
- For the latest rules and laws, always check with professional lawyers and get professional assistance. It saves the readers from the hassle and wastage of time.
If unfair dismissal is proved in Court, then?
If unfair dismissal is proved in court, then, as per UAE Labour Law, 3 months’ salary is awarded to the complainant, who is obviously an employee. Even though the employee has some behaviour or performance issues, the employer is supposed to serve the warning letter/letters before the termination. As per UAE Labour Law, the quick termination can cause the employer to pay 3 Months’ full salary as compensation if the court accepts that termination has been wrongful. 3 Months law mostly applies when the duration of the service is more than one year. Rest, it’s all up to the Court and the decision taken by the Court.
Consult the Lawyers
Experts in the legal Industry recommend that if you are facing a legal issue or charges, then better to first consult the legal Consultants or hire them if required. One can not proceed with a court case or complicated legal matters oneself. Even amicable settlements can not be done without the support of a Lawyer. Settlement Agreements are required to be prepared, which can only be prepared by expert attorneys.
The idea of not hiring lawyers is not a good deal. We understand that if the budget is a serious issue or obstacle, then one can be reluctant. But if a small expense can save you from a big expense, then one should show maturity and save themselves from a big loss which can come ahead in future. The smart and cunning counterparties also try to take advantage of the situation sometimes. Therefore, the presence of the lawyer saves you from a big loss.


