Can employers keep your passport in the UAE?

 Although the passport is a personal property or document owned by the bearer, the government that issues it has last say over it. Conversely, it is not illegal for an employee to choose to give their passport to their company to be kept secure.

This written consent must state that the company will return the employee's passport to him at any time he requests it. The employer needs to provide a legitimate explanation for keeping the passport. The employer must not own the passport if the employee is unwilling to keep it with them. you can discuss this with your UAE immigration lawyer.

Why employers can hold your passport?

An employer may retain an employee's passport for a number of reasons. The primary justification provided by companies to their staff for retaining the passport is "safekeeping." The mutual consent is one of the causes. When the company and employee agree in writing to allow the employee to keep their passport for an extended period of time without requiring a visa, this is neither prohibited, nor is the employer engaging in any criminal activity.

The company has good reason to retain the foreign worker's passport. If an employer holds onto a worker's passport, it has the authority to prevent the worker from departing the nation should the worker commit any wrongdoing. Employees can then be held accountable for their actions. In front of the government, as the sponsor, the employers are accountable for the wrongdoings of their employees. Thus, for security purposes, employers may retain their employees' passports.

How can I lodge complaints?

The employer is limited to using the passport for administrative purposes. You must kindly ask your employer to release your passport if he is holding it and is unwilling to give it back to you. The employee can file a complaint against the employer with the embassy or consulate right away if, after several requests, the employer still has possession of his passport. You can also obtain an embassy letter stating that the employer is not permitted to possess the passport. You can also retain your passport at the embassy and receive a receipt for it.

You must report your employer to the UAE Ministry of Labor if you don't receive a fair response from the embassy. Nonetheless, an overseas worker has legal recourse if his employer forcibly holds onto his passport. The local court can release the employee's passport.

Keeping someone else's passport without that person's permission is illegal. As a result, an employee can obtain their passport from their employer by lodging a complaint against them at the labor office and local police station. AED 20,000 in fines and a jail term are the penalties for the offense. UAE courts have rendered judgments against the employer ordering him to surrender the passport of a worker and even pay court costs.

How to avoid conflict?

We are all now fully aware of the laws, norms, and requirements that surround an employer's possession of an employee's passport. Therefore, obtain a letter from the employer explaining why the passport is needed in order to prevent this hassle. Additionally, in the event that you require it, the company ought to return your passport. The letter must be signed by an authorized business signatory and bear the employer's stamp.

Circular No. 267 of 2002 published by the Ministry of Interior (MoI) prohibits employers from withholding the passports of their foreign employees unless the judicial authorities carry out the action in compliance with the legal provisions.

But, if the worker gives permission for the employer to have the passport, then this will not be considered illegal as long as the worker gives written authorization and the employer promises to return the passport at the worker's request.

Additionally, the rules of Federal Law No. (8) of 1980 regulating Employment Relations in the UAE (Employment Law) shall apply to you as an employee of a company situated in the mainland of Dubai.