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Help- Company holding my passport

22

Posts

EW NEWBIE

Latest post on 22 October 2014 - 13:05

Hi Girls,

So I started working for a Hotel in Dubai 4 months ago. On my first day they requested I hand over my passport for visa purposes (fair enough). When my visa was fully processed I asked for it back & the hotel said they keep all employee passports- being new in the country I didn't object.

So this week I asked for my passport back as I am flying back to Ireland for a holiday next week. They said no problem but I must give them a AED 3000 deposit & they will keep the 3000 until I return my passport.

I have now come to know that them holding my passport is illegal & they cannot ask me for money for it.

The Hotel has agreed to return my passport permanently but only if i give them AED 3000 & they will keep it until my contact is up ( I have a 2 year contract)

Do anyone know if this is illegal ??

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82

Posts

EW NEWBIE

Latest post on 16 November 2014 - 23:09

http://gulfnews.com/news/gulf/uae/employment/retaining-passports-is-forcible-labour-1.240660 "Employers who fail to give workers their passports on request are in breach of trust. The offence carries a prison term of up to three years or a fine of up to Dh20,000," a legal consultant said.

Doubting Thomas

2298

Posts

EW EXPERT

Latest post on 16 November 2014 - 16:55

Just to update you all. I went to my HR Manager & I explained how uncomfortable I was that they were holding my passport. She said "I understand, if you wish to keep your passport in your possession you will have to pay us AED 4500.00 & we will hold that until you complete 3 years service" The next day I called a meeting with the HR Manager & the General Manager and told them I did a lot of research & what they were doing & asking of me was completely illegal. I said I am asking you one more time polity for my passport & I refuse to pay any money for it. They gave me the passport immediately !!! I think its high time for you to start looking for new job :biggrin: That was 3 weeks ago. And I got promoted last Thursday !! so why did you update today ? i'm confused.... You wrote a reply on it today & it just reminded me. Why so defensive ? LOL !! Sorry, I hadn't noticed the dates, hence my confusion.. Not being defensive at all, as I said, just didn't make sense to me...

2584

Posts

EW EXPERT

Latest post on 16 November 2014 - 16:17

3 years for freezone companies 2 years for federal companies

22

Posts

EW NEWBIE

Latest post on 16 November 2014 - 16:09

BTW visa's are now 2 years not 3 Really? Mine says 3 years

4423

Posts

EW MASTER

Latest post on 16 November 2014 - 16:03

BTW visa's are now 2 years not 3

22

Posts

EW NEWBIE

Latest post on 16 November 2014 - 15:35

Just to update you all. I went to my HR Manager & I explained how uncomfortable I was that they were holding my passport. She said "I understand, if you wish to keep your passport in your possession you will have to pay us AED 4500.00 & we will hold that until you complete 3 years service" The next day I called a meeting with the HR Manager & the General Manager and told them I did a lot of research & what they were doing & asking of me was completely illegal. I said I am asking you one more time polity for my passport & I refuse to pay any money for it. They gave me the passport immediately !!! I think its high time for you to start looking for new job :biggrin: That was 3 weeks ago. And I got promoted last Thursday !! so why did you update today ? i'm confused.... You wrote a reply on it today & it just reminded me. Why so defensive ?

Doubting Thomas

2298

Posts

EW EXPERT

Latest post on 16 November 2014 - 15:17

Just to update you all. I went to my HR Manager & I explained how uncomfortable I was that they were holding my passport. She said "I understand, if you wish to keep your passport in your possession you will have to pay us AED 4500.00 & we will hold that until you complete 3 years service" The next day I called a meeting with the HR Manager & the General Manager and told them I did a lot of research & what they were doing & asking of me was completely illegal. I said I am asking you one more time polity for my passport & I refuse to pay any money for it. They gave me the passport immediately !!! I think its high time for you to start looking for new job :biggrin: That was 3 weeks ago. And I got promoted last Thursday !! so why did you update today ? i'm confused....

pussycat12100031

49

Posts

EW NEWBIE

Latest post on 16 November 2014 - 15:00

That was great, with me I think the same day my visa will be cancelled:loser: <em>edited by pussycat12 on 16/11/2014</em>

22

Posts

EW NEWBIE

Latest post on 16 November 2014 - 14:53

Just to update you all. I went to my HR Manager & I explained how uncomfortable I was that they were holding my passport. She said "I understand, if you wish to keep your passport in your possession you will have to pay us AED 4500.00 & we will hold that until you complete 3 years service" The next day I called a meeting with the HR Manager & the General Manager and told them I did a lot of research & what they were doing & asking of me was completely illegal. I said I am asking you one more time polity for my passport & I refuse to pay any money for it. They gave me the passport immediately !!! I think its high time for you to start looking for new job :biggrin: That was 3 weeks ago. And I got promoted last Thursday !!

167

Posts

EW NEWBIE

Latest post on 16 November 2014 - 14:47

Just to update you all. I went to my HR Manager & I explained how uncomfortable I was that they were holding my passport. She said "I understand, if you wish to keep your passport in your possession you will have to pay us AED 4500.00 & we will hold that until you complete 3 years service" The next day I called a meeting with the HR Manager & the General Manager and told them I did a lot of research & what they were doing & asking of me was completely illegal. I said I am asking you one more time polity for my passport & I refuse to pay any money for it. They gave me the passport immediately !!! I think its high time for you to start looking for new job :biggrin:

2264

Posts

EW EXPERT

Latest post on 16 November 2014 - 14:45

Well done! Many of these companies assume their employees are unaware of the law.

22

Posts

EW NEWBIE

Latest post on 16 November 2014 - 14:42

Just to update you all. I went to my HR Manager & I explained how uncomfortable I was that they were holding my passport. She said "I understand, if you wish to keep your passport in your possession you will have to pay us AED 4500.00 & we will hold that until you complete 3 years service" The next day I called a meeting with the HR Manager & the General Manager and told them I did a lot of research & what they were doing & asking of me was completely illegal. I said I am asking you one more time polity for my passport & I refuse to pay any money for it. They gave me the passport immediately !!!

Doubting Thomas

2298

Posts

EW EXPERT

Latest post on 16 November 2014 - 14:22

You can't blame employers when they invest so much in their employees on visa and relocation costs etc..yes it's illegal but I can see why many companies do it... It also depends what colour it is ;)

167

Posts

EW NEWBIE

Latest post on 22 October 2014 - 18:12

By law it is illegal, but there are many unwritten laws there as well. As an employer we hold passports of workers (we are available 24/7 in case of emergency if passport is needed). It is your right to ask for it, however I am sure you will probably need to look for an other job. Law is so strict here for companies, that if some employee do a runner for any XYZ reasons, company will need to spend money and energy to clear this matter else they will be in deep ****. If you can afford to pay, keep deposit and get refund when you return passport. Its the price you will pay to stay on job, or start looking for new job. <em>edited by smartee on 22/10/2014</em>

112

Posts

EW NEWBIE

Latest post on 22 October 2014 - 16:52

It is irrelevant if the employment contract has a clause that "allows" them to hold employee passports. The contract cannot and does not trump the law of the land UNLESS the employer has requested and received permission from the relevant ministry to do so. If such a clause exists in the contract, ask to see the authorization from the ministry and go from there. I doubt if any hotel has this authorization. I would also request to see the Ministry authorization to require a deposit should I take control of my passport. I work in banking, I handle and am responsible for large $$ transactions, I hold my passport. As another poster said, the passport is the property of my government and it expressly states I am responsible for it. As a second suggestion, request that they provide you with a written copy of their policy/procedure (given it is not included in your contract) signed by the appropriate person in HR or your department. Bet they won't give you one. I very much am in agreement with marycatherine. However, if you absolutely have to follow the route of handing over AED3000, please be sure to obtain strong documentation to show that they have taken this money from you, including perhaps having something signed by someone senior, and on letterhead. You wouldn't then want the situation where they refused to return your money or deny having taken it.........be interesting though. If someone had to sign their name to having agreed to handover your passport in exchange for money they may be reluctant to given it is illegal!

2584

Posts

EW EXPERT

Latest post on 22 October 2014 - 16:41

Completely illegal. This is such an old school mentality. You are between a rock and hard place though because how do you pursue this without getting "labeled" as the rebellious one right? It is definitely not right but if I was forced to choose between 3k or keeping my passport, considering I will get the money back, I would give the money. I would never want to be without my passport. ANYTHING can happen, especially on weekends when the office is closed. If you want to take it further you can because I am sure it is illegal so the law is on your side. I agree with everything written here. It may be illegal, however it's still quite common especially with lower paid staff in large companies. Personally I'd rather sign away 3000 AED than be without my passport, you never know when you may need it at 8pm on a Thursday night and have to wait until someone answers their phone at 8am on a Sunday morning! the only part I'd disagree with is the last sentence re taking it further. You are still a new employee in the company and you may wish to just do the AED 3,000 thing for a while until you are a bit more settled and have formed a relationship with your manager/HR Dept etc.

1759

Posts

EW EXPERT

Latest post on 22 October 2014 - 16:10

The article does not address the other part of this situation - why then, if they're doing their employees a service, are they requiring a deposit from the employee to get the passport back? Bull pucky

391

Posts

EW EXPLORER

Latest post on 22 October 2014 - 16:01

Here's an old article but it might give you some information. http://www.thenational.ae/news/uae-news/hotels-defend-holding-employees-passports

8965

Posts

EW MASTER

Latest post on 22 October 2014 - 15:44

Most companies keep your labor card and give you your passport back. I wouldn't let anyone keep mine. What happens if there is an emergency over the weekend or on a day off and you cant get access to it. As the other posters say it is illegal to do this ( even if companies do)

Made in Sheffield

170

Posts

EW NEWBIE

Latest post on 22 October 2014 - 15:21

When I started my first job here, the HR woman said I would have to give them my passport or they would take 500dhs out of my wages every month as a 'guarantee'. I told her that it was illegal, all she said was "I know, but other companies do it." I left soon afterwards.

1759

Posts

EW EXPERT

Latest post on 22 October 2014 - 15:02

It is irrelevant if the employment contract has a clause that "allows" them to hold employee passports. The contract cannot and does not trump the law of the land UNLESS the employer has requested and received permission from the relevant ministry to do so. If such a clause exists in the contract, ask to see the authorization from the ministry and go from there. I doubt if any hotel has this authorization. I would also request to see the Ministry authorization to require a deposit should I take control of my passport. I work in banking, I handle and am responsible for large $$ transactions, I hold my passport. As another poster said, the passport is the property of my government and it expressly states I am responsible for it. As a second suggestion, request that they provide you with a written copy of their policy/procedure (given it is not included in your contract) signed by the appropriate person in HR or your department. Bet they won't give you one.

Ilovecandy97335

84

Posts

EW NEWBIE

Latest post on 22 October 2014 - 14:44

What happens if you don't have AED3000 hanging about for deposit?. I have never heard of them asking you for money before. Exactly! Complete backward thinking. The first company I joined here, many years ago though, kept passports. I once got it back when I went on leave and just never gave it back to them. I always "forgot" it at home! Amazing how they were so diligent in following up on this and not on things that should really matter like proper HR policies. Some Admin clerks just enjoy the power game that comes with it.

8965

Posts

EW MASTER

Latest post on 22 October 2014 - 13:57

What happens if you don't have AED3000 hanging about for deposit?. I have never heard of them asking you for money before.

IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 22 October 2014 - 13:55

be careful - they are holding your passport because you are dealing with money - most if not all companies in the UAE will hold your passport if you handle money. They can and probably wil fire you for this as they will more likely have it in their handbook / Policy and procedure or somewhere that this is what you need to do, and it will be documented that you are not adhering to company policy. <em>edited by IzzyOnTheSeat on 22/10/2014</em>

22

Posts

EW NEWBIE

Latest post on 22 October 2014 - 13:52

Ok thank you ! I am going to my HR department now to have it out with them.

Londiamond93030

495

Posts

EW EXPLORER

Latest post on 22 October 2014 - 13:27

That is fine. Tell the holder that this is the property of you government and you have been told you are not allowed to give it to anyone to hold. If they would like to challenge that, they can contact the embassy and request the 3000k off the embassy. No deposit. No holding of your passport. Say no to both. They cannot fire you for that. They'd have no chance telling the labor department that they fired you on these grounds.

Ilovecandy97335

84

Posts

EW NEWBIE

Latest post on 22 October 2014 - 13:20

Completely illegal. This is such an old school mentality. You are between a rock and hard place though because how do you pursue this without getting "labeled" as the rebellious one right? It is definitely not right but if I was forced to choose between 3k or keeping my passport, considering I will get the money back, I would give the money. I would never want to be without my passport. ANYTHING can happen, especially on weekends when the office is closed. If you want to take it further you can because I am sure it is illegal so the law is on your side.

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