Rules of passport law in UAE to
be share in this guide, as per UAE law for passport keeping, holding passport
of employee is illegal in UAE and the employer can be fined up to 20,000 dirham’s
or three years of jail term.
be share in this guide, as per UAE law for passport keeping, holding passport
of employee is illegal in UAE and the employer can be fined up to 20,000 dirham’s
or three years of jail term.
Passport Law in UAE:
According to UAE labour law, advocates
and legal consultants, employee passport cannot be submit to anyone unless upon
order of public prosecution or court only.
and legal consultants, employee passport cannot be submit to anyone unless upon
order of public prosecution or court only.
The
officials in UAE government have repetitively stated that no employer (company)
should retain (keep) an employee’s passport, according to Mr. HUMAID BIN DEEMAS
AL SUWAIDI, the assistant undersecretary of labour affairs at MOHRE explains
the UAE passport law:
officials in UAE government have repetitively stated that no employer (company)
should retain (keep) an employee’s passport, according to Mr. HUMAID BIN DEEMAS
AL SUWAIDI, the assistant undersecretary of labour affairs at MOHRE explains
the UAE passport law:
“The confiscation of passports is an
illegal procedure as the passport is a personal document and is considered the
property of the country which issued it, he more added “passports should not be
confiscated until there is a court ruling stipulating that or in accordance
with judicial or public prosecution orders”.
illegal procedure as the passport is a personal document and is considered the
property of the country which issued it, he more added “passports should not be
confiscated until there is a court ruling stipulating that or in accordance
with judicial or public prosecution orders”.
Orders of MOI (Ministry of Interior):
As per 2002 decree by moiuae: “As
the passport is a personal document and as the law obliges its owner to keep
and show when required by the governmental authorities, it is not allowed for
any party to detain the passport except by the official parties with a judicial
order and according to the law. Consequently it will be considered as an
illegal action to detain the passport in UAE except by the governmental
parties.”
the passport is a personal document and as the law obliges its owner to keep
and show when required by the governmental authorities, it is not allowed for
any party to detain the passport except by the official parties with a judicial
order and according to the law. Consequently it will be considered as an
illegal action to detain the passport in UAE except by the governmental
parties.”
International Passport Rules:
Holding passport of employee without
his/her permission is not only the violation of UAE law but it also violates
the rules of International Labour Organization (ILO) Convention on the
Abolition of Forced Labour, to which the UAE is a signatory.
his/her permission is not only the violation of UAE law but it also violates
the rules of International Labour Organization (ILO) Convention on the
Abolition of Forced Labour, to which the UAE is a signatory.
Holding Employee Passport after
Cancellation:
Cancellation:
Employer cannot hold worker passport
after cancellation in both resignation or termination case, as the employer can
only hold it for a limited period for the purpose of visa process either it is
visa pasting or visa cancellation, employer should give your passport to you after
completing visa process.
after cancellation in both resignation or termination case, as the employer can
only hold it for a limited period for the purpose of visa process either it is
visa pasting or visa cancellation, employer should give your passport to you after
completing visa process.
Fine for Holding Passport of Employee:
A case of passport confiscation in UAE
would cost between 5000 AED to 20000 AED for the employer. The offense carries
imprisonment of up to three years and/or fine amounting up to 20000 AED.
would cost between 5000 AED to 20000 AED for the employer. The offense carries
imprisonment of up to three years and/or fine amounting up to 20000 AED.
Can we Demand our Passport from
Employer?
Employer?
Yes you can, since it is illegal for
company to keep employee passport except for the purpose of visa pasting, visa
renewal or visa cancellation, you can claim and demand your passport from
employer.
company to keep employee passport except for the purpose of visa pasting, visa
renewal or visa cancellation, you can claim and demand your passport from
employer.
You have now enough knowledge about passport
holding rules in UAE, when your employer ignore to give back your passport, you
first need to tell them that holding passport of employee is illegal in UAE as
per UAE labour law, show them the reference, request them politely, if they
still ignore follow below legal steps.
holding rules in UAE, when your employer ignore to give back your passport, you
first need to tell them that holding passport of employee is illegal in UAE as
per UAE labour law, show them the reference, request them politely, if they
still ignore follow below legal steps.
Complaint for Holding Employee
Passport in UAE:
Passport in UAE:
If your employer refuses to return
your passport after completion of your visa process, you can register a
complaint at Ministry of Labour (mohre) through their website or by dialing the hot-line 800665 or you have an option to file a police case or court case.
your passport after completion of your visa process, you can register a
complaint at Ministry of Labour (mohre) through their website or by dialing the hot-line 800665 or you have an option to file a police case or court case.
As per Mr HUMAID BIN DEEMAS AL SUWAIDI:
“In case where an employer has
confiscated the passport of an employee under any pretext, the employee has the
right to go to court, according to the stated procedures.
confiscated the passport of an employee under any pretext, the employee has the
right to go to court, according to the stated procedures.
“The UAE laws and jurisdictions
guarantee the expatriate worker’s right to go to court. The UAE courts have
issued many verdicts that obliged the employer to return the employees (worker)
passport and to pay the court cost.
guarantee the expatriate worker’s right to go to court. The UAE courts have
issued many verdicts that obliged the employer to return the employees (worker)
passport and to pay the court cost.
Think before Complain:
First try to convince your employer and
tell him about your intension of complain because once the employer know about
your complain he may react to it in an unpleasant manner.
tell him about your intension of complain because once the employer know about
your complain he may react to it in an unpleasant manner.
If you are uncomfortable about facing
such a situation, you may hire a lawyer before complain or read
this guide before complaining against employer, it will definitely help
you.
such a situation, you may hire a lawyer before complain or read
this guide before complaining against employer, it will definitely help
you.
Precautions before Signing Job Offer
Letter:
Letter:
If you really want to avoid the
retention of holding passport by companies in UAE ask the interviewer, hiring
manager or directly the owner about their policy on detaining employee passport
before signing the offer letter or employment contract, if they have a
policy to hold employee passport, you can simply negotiate the job offer.
retention of holding passport by companies in UAE ask the interviewer, hiring
manager or directly the owner about their policy on detaining employee passport
before signing the offer letter or employment contract, if they have a
policy to hold employee passport, you can simply negotiate the job offer.
Why mostly employers still detain
passports?
passports?
This is the sad fact despite knowing passport
law in UAE many employers still hold the passport of their employees, another
sad fact that this passport holding decree is not implemented seriously; I think
every policy and rule must be enforced for it to be effective.
law in UAE many employers still hold the passport of their employees, another
sad fact that this passport holding decree is not implemented seriously; I think
every policy and rule must be enforced for it to be effective.
The question which is raised by
employers is “why employees do not ask us before the visa process”, they mostly
demand their passports after visa pasting, employers are right at this point
and yes it is employee’s mistake as we mentioned in above precautions, it is
better to ask before signing offer letter about company’s policy for holding
passports, but I will not blame a job seeker for this because he/she badly need
job to survive hence they come to UAE to work, to save money.
employers is “why employees do not ask us before the visa process”, they mostly
demand their passports after visa pasting, employers are right at this point
and yes it is employee’s mistake as we mentioned in above precautions, it is
better to ask before signing offer letter about company’s policy for holding
passports, but I will not blame a job seeker for this because he/she badly need
job to survive hence they come to UAE to work, to save money.
So, after knowing everything about passport
holding in UAE, what is the most effective way in-order to avoid this issue? The answer
is to take written document with sign and stamp from your employer mentioned clearly that they are holding your passport for safekeeping.
holding in UAE, what is the most effective way in-order to avoid this issue? The answer
is to take written document with sign and stamp from your employer mentioned clearly that they are holding your passport for safekeeping.
Such document should also mention that
they will return the passport if required at any time.
they will return the passport if required at any time.
Your employer may say verbally that he
will return the passports back to you after visa processing, DO NOT BELIEVE until
you have a good reason to do so.
will return the passports back to you after visa processing, DO NOT BELIEVE until
you have a good reason to do so.
Any other way to Avoid Passport Holding by Employers?
You can do this by contacting your embassy
to report the illegal holding of your passport by your company and try to get a
letter from your home embassy or consulate in UAE saying that unauthorized
people or organizations should not hold your passport as per passport rule in
UAE.
to report the illegal holding of your passport by your company and try to get a
letter from your home embassy or consulate in UAE saying that unauthorized
people or organizations should not hold your passport as per passport rule in
UAE.
You can also deposit your passport
with your home country embassy for safekeeping with receipt, and can take back
at anytime.
with your home country embassy for safekeeping with receipt, and can take back
at anytime.
If you want government authorities to
review or look back again at the decree of Passport Law in UAE, we want
you to share this guide, the more it went viral the more effective it will be.
review or look back again at the decree of Passport Law in UAE, we want
you to share this guide, the more it went viral the more effective it will be.