Can an Employer Keep the Passport

“”Can an employer keep the passport in United Arab Emirates? Let’s learn about employee rights and the legal boundaries in United Arab Emirates.“”

UAE Labour Law is very clear, and concise regarding the rights and responsibilities of an employer and employee. The laws outline the complexities of the employee-employer relationship. The Ministry of Human Resources and Emiratization (MOHRE) is a regulator authority in UAE that plays a pivotal role in enforcing and implementation of UAE labor laws. They are instrumental in resolving the disputes between them.

Federal Decree law no. 33 of 2021 explicitly explains the retention of passports with employers in the UAE. They do not permit the employers the right to retain an employee’s passport. This decision was taken by the Ministry of Human Resources and Emiratization (MOHRE) according to the immigration regulations.

Therefore, according to UAE labor law, it is clearly said that it is illegal and unlawful for any employee to keep or confiscate the employee’s passport without proper permission. There is a need for voluntary consent to do so otherwise it is illegal. Employee can complaint to MOHRE if employer wants to keep the passport. For further details and knowledge, you can check with our lawyers in Dubai. Our lawyers in Dubai and legal consultants in Dubai are most experienced legal professionals in Emirates of Dubai as well as all over the United Arab Emirates.

• Additionally, the law even explains that possessing the employee’s passport without consent is considered to be a type of forced control.

It hinders their freedom to move anywhere around. As per the UAE penal Code article 433, this is done to protect the individual’s lawful rights from unlawful detention and restriction of liberty to move.

The Ministry has provided explicit guidelines regarding the matter. Furthermore, the UAE Government has made clarifications in the last few years about the matter. The public announcements were made after ministry directives which reveal the government’s clear stance on the matter.

It states that an employee’s passport is their document which must be under the retention of themselves. Further, no other party has any right to retain the passport without proper, valid, and legal justification.

In several labor-related cases, the courts have ruled out that passport retention is only acceptable after the voluntary and written consent of the employee. Thus, must be part of their agreement and thus, must not be forced upon the worker. If this point is confusing for readers, then they can either check with MOHRE our senior labour and employment lawyers. We have best team of lawyers having expertise in UAE Labour Law and known as labour and employment lawyers.

The prime goal is to safeguard the rights of employees working in the UAE. Besides, it protects the expatriate workers who are unknown to the UAE labor laws.

This historic judgment was passed by UAE officials to provide a clear stance on the matter. The Dubai court ruling states that such an act is a clear-cut violation of personal freedom. Besides, the written consent is not enough if the employee requests the document later on.

In another UAE court verdict, it was ordered that the employer must pay the compensation for the damages made by withholding the passport of the employee. This court ruling emphasizes that retention of the passport can lead to serious legal consequences.

It is an illegal act that must be avoided. This ruling was made by honoring the international best practices. It also displays the UAE’s commitment to lawful employment practices. It underscores UAE’s dedication to maintaining fairness, and justice, and upholds employee rights.

This initiative by the ministry and government of UAE protects employees against exploitation. It also reduced the pressure built on workers to submit to such practices out of fear or pressure of job loss.

However, in the past, there were many cases in which the employee voluntarily signed a legal document that permitted the retention of a passport with the employer.  The consent is necessary and should meet the following requirements.

The consent must be voluntary and should be communicated to the employee. It must be informed clearly and no pressure or coercion should take place.

Besides, this consent is temporary in nature. The employee must return the passport if requested by the employee. Valid and proper reasoning is necessary. The valid reasons may be a renewal or legal processing of a visa.

UAE courts have also given the ruling that an individual’s fundamental rights must not be violated. The employee have full fledge right to retain the legal identity document with them.

It is suggested by the UAE courts to avoid permanently handing over passports to employers. They should also not sign any waiver off the document to ensure the possession of their passports with them.

The legal stance is very vivid. Still, there are some employers who practice this exercise. It is often due to the reasons involving the company’s policy or due to internal Human Resource procedures. Besides, the employer may fear that the employee will leave or abscond without submitting prior notices.

In addition, some employers retain it as a security of the document.  In many cases, it is done for the convenience of visa and labor card procedures.

These are a few of the practical and valid reasons to keep the passports. Still, this does not constitute as the legal grounds to withhold the employee passport in UAE. The passport solely belongs to the employee and to the issuing country. Therefore, the employee or the respective embassy has the authority to retain it.

There are some practical tips that are useful to employees and job seekers in UAE. It is suggested to never hand over the passport to the employer without valid reasoning.

Secondly, also refrain from signing any consent forms. This will allow them to have indefinite passport retention which can easily be avoided by refusing to sign.

Always insist on using copies from Human Resource records and visa processing rather than the original passport. Last but not least; seek legal advice from lawyers in Dubai. They will assist in better handling of the matter with care, caution, and attention.

In case you are facing problems and disputes over passport retention, seek legal help from lawyers in Dubai. They are specialized in labor laws and also fully understand the employees’ rights and obligations.

They are instrumental in protecting the workers’ rights when it comes to passport retention in the UAE. Lawyers in Dubai offer legal advice to their clients over the legal status of their legal cases.

Moreover, they facilitate communication with the employer on behalf of the employee. In case, if there is any need to file a legal complaint with the Ministry of Human Resources and Emiratization (MOHRE) or the police, lawyers can aid.