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Is Employer authorised to withhold the passport?

Is Employer authorised to withhold the passport?

The employer is authorized to withhold your passport or not? 

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. What law states that Employer, Creditor, or any person who has to receive a receivable, can’t keep or withhold the passport. Law does not allow it and provides any provision for this. Only a judge can stop a debtor or person who has to pay the financial obligation, from traveling and might also order to submit/surrender the passport but only to Court. Even creditors/employers can’t allow keeping the passport of employees or debtors. Therefore as per the Law passport cannot be withheld. There is no reason that an Employer can keep the passport of the employee. Once the VISA is stamped, VISA is canceled 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 Bank, or after issuing the cheque he withdraws, the amount required. If it is found he did it intentionally, then he can be given the sentence of jail punishment or fine, or both.

If unfair dismissal is proved in Court, then? 

If unfair dismissal is proved in court then as per UAE Labour Law 3 Month’s salary is awarded to the complainant who is obviously an employee. Even though the employee has some behavior 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, 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 Court and the decision taken by Court.

Consult the Lawyers

Experts of the Legal Industry recommend that if you are facing a legal issue, charges then better first consult the Lawyers, Legal Consultants or hire the Advocates/Lawyers if required. One can not proceed with a Court Case or complicated legal matters himself. 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 not to hire 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 himself from a big loss which can come ahead in future. The smart and cunning counterparties also try to take the advantage of the situation sometimes. Therefore the presence of the Lawyer saves you from a big loss.

 

 

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