Maid asking to get her documents? | ExpatWoman.com
 

Maid asking to get her documents?

85
Posts
EW NEWBIE
Latest post on 20 July 2016 - 02:32

Hi ladies,
I hired my maid few months back and her documents are with me (passport/resident identity card/domestic worker card).
She is asking me for her ID card.
Should I give it to her? Or should I just give the worker card or both or none of them?!
Thanks a lot for your advise

391
Posts
EW EXPLORER
Latest post on 24 July 2016 - 08:49
On the side of the law?? "On 25th Dec 2002, the Ministry of Interior issued a circular notifying all residents of the UAE that retention of the passports of the employees by the employers is considered to be illegal and is punishable by law. Further, UAE has ratified the convention against forced labour of the ILO (International Labour Organisation) which is also against the retention of passports as it is considered to be a form of forced labour. According to the ILO all workers have the freedom and right to enter into and leave their employment without any coercion against the same i.e. there should be no threat of being penalized for doing the same. By retaining the passport, the position of the PG 2 employee becomes vulnerable and is thus coerced to work for the employer even against his wishes and thus retention of passport may be used as a method of inducing forced labour which according to the Article 34 of constitution is not allowed and thus unconstitutional." A quick google brings these and LOTS more. http://www.guide2dubai.com/living/laws-and-regulations/passport-retention-rules http://www.thenational.ae/business/personal-finance/uae-employers-not-allowed-to-keep-in-custody-passport-of-workers http://www.emirates247.com/news/emirates/what-to-do-when-employer-insists-on-retaining-passport-2015-10-27-1.608248
311
Posts
EW EXPLORER
Latest post on 23 July 2016 - 16:40
I know this is controversial. Staff should have their ID on them. Passport is private property and should be treated as such. Here is the challenge. When you have hired someone who has access to something precious, could be home, children, valuables, IDs, passports, list is endless. If they choose to exit the country, you can't do nothing. Go & report to the police. If the person is still in the country, you can have some hope. If they have left the country, you have not much to expect. Because this country is not homeland for most people, it is normal to expect that they can't be traced, easily. Would I give my kid his passport to keep? No. Why? Not mature enough, right. Likewise most domestic or labor class person, is exposed to very little of consequences and logical thinking / planning. In burst of emotion, you would like the consequences to be minimal, won't you? They make mistakes only to learn from them later. Now the other side to the issue. When a domestic worker absconds, you are still the sponsor. You need to PAY to file a report. You need to PAY to find out of they have left the country. I am on side of the Law and know these challenges exit too. You are NOT just classifying more than half of this country's workforce as stupid are you? I find that very short-sighted and insulting. The law is the law, not matter how challenging you may find it, you are not allowed to keep your maid's passport. The fact that some abscond is no justification. Remember all the expats that absconded during the crises, leaving behind their debts, apartments, cars etc. I bet their sponsors also would've also preferred to have kept their passports. How were they different from "domestic or labour class persons"? I said it is controversial. No, I am not classifying half the population of this country so don't mislead. Half population is not domestic help or labor. If this was so, how roads of the city are jam packed , at anytime of the day whilst domestic help or labor are not on the roads, right? There are 1.4 million cars in Dubai alone as of 2015. https://www.google.ae/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=number+of+cars+in+Dubai Those is crisis could flee country only if they had passports on them and escaped their liability, as per the law? If you read again, I stated I am on side of Law to be followed. Did you miss that? I put forward some of the challenges that I have seen people coming across and learning. I have experienced a free zone in this country, retaining passports of employees in the free zone, unless company submits a letter that they will hold them instead. Did you know? Life is not in Black or White. Its lot more in the grays.
2287
Posts
EW EXPERT
Latest post on 23 July 2016 - 15:18
I know this is controversial. Staff should have their ID on them. Passport is private property and should be treated as such. Here is the challenge. When you have hired someone who has access to something precious, could be home, children, valuables, IDs, passports, list is endless. If they choose to exit the country, you can't do nothing. Go & report to the police. If the person is still in the country, you can have some hope. If they have left the country, you have not much to expect. Because this country is not homeland for most people, it is normal to expect that they can't be traced, easily. Would I give my kid his passport to keep? No. Why? Not mature enough, right. Likewise most domestic or labor class person, is exposed to very little of consequences and logical thinking / planning. In burst of emotion, you would like the consequences to be minimal, won't you? They make mistakes only to learn from them later. Now the other side to the issue. When a domestic worker absconds, you are still the sponsor. You need to PAY to file a report. You need to PAY to find out of they have left the country. I am on side of the Law and know these challenges exit too. You are NOT just classifying more than half of this country's workforce as stupid are you? I find that very short-sighted and insulting. The law is the law, not matter how challenging you may find it, you are not allowed to keep your maid's passport. The fact that some abscond is no justification. Remember all the expats that absconded during the crises, leaving behind their debts, apartments, cars etc. I bet their sponsors also would've also preferred to have kept their passports. How were they different from "domestic or labour class persons"?
311
Posts
EW EXPLORER
Latest post on 23 July 2016 - 12:26
I know this is controversial. Staff should have their ID on them. Passport is private property and should be treated as such. Here is the challenge. When you have hired someone who has access to something precious, could be home, children, valuables, IDs, passports, list is endless. If they choose to exit the country, you can't do nothing. Go & report to the police. If the person is still in the country, you can have some hope. If they have left the country, you have not much to expect. Because this country is not homeland for most people, it is normal to expect that they can't be traced, easily. Would I give my kid his passport to keep? No. Why? Not mature enough, right. Likewise most domestic or labor class person, is exposed to very little of consequences and logical thinking / planning. In burst of emotion, you would like the consequences to be minimal, won't you? They make mistakes only to learn from them later. Now the other side to the issue. When a domestic worker absconds, you are still the sponsor. You need to PAY to file a report. You need to PAY to find out of they have left the country. I am on side of the Law and know these challenges exit too.
154
Posts
EW NEWBIE
Latest post on 22 July 2016 - 06:04
Hi ladies, I hired my maid few months back and her documents are with me (passport/resident identity card/domestic worker card). She is asking me for her ID card. Should I give it to her? Or should I just give the worker card or both or none of them?! Thanks a lot for your advise I am surprised by this post. You have more than 100 posts. You must know it is illegal to hold her documents / passport. If you claim that you are holding them because she asked you to then your post makes no sense. Give them to her.
767
Posts
EW GURU
Latest post on 22 July 2016 - 00:00
Thanks a lot ladies for responses. I'll give her the docs except the passport ? Thats up to you, but if the maid decides to report your for holding her passport, you face a hefty fine as it's illegal to hold anyone's passport in Dubai.
356
Posts
EW EXPLORER
Latest post on 21 July 2016 - 14:20
Hi ladies, I hired my maid few months back and her documents are with me (passport/resident identity card/domestic worker card). She is asking me for her ID card. Should I give it to her? Or should I just give the worker card or both or none of them?! Thanks a lot for your advise All people should be entitled to get their documents...i dont think its fair for employers to keep these things, they employees not prisoners. i trust my maid and cause there is trust there i dont think she would cause me any bother
28
Posts
EW NEWBIE
Latest post on 21 July 2016 - 07:42
Didn't you just read the responses that it's illegal for you to hold her passport?! One of the things I honestly hate about Dubai is that people think they are more entitled then the less fortunate. It is absolutely not acceptable to hold someone's passport as an employer - the passport is technically owned by the country that issue it. That is a crime and highly illegal. Take photocopies by all means but not to withhold. It honestly makes me so angry that domestic employees endure enough, on a relatively low salary, to what we earn let alone have their passports and other documents removed from them out here - just per chance 'that they may abscond'. Well said Itsaflyflyworld.
3
Posts
EW NEWBIE
Latest post on 20 July 2016 - 23:05
Didn't you just read the responses that it's illegal for you to hold her passport?! One of the things I honestly hate about Dubai is that people think they are more entitled then the less fortunate.
85
Posts
EW NEWBIE
Latest post on 20 July 2016 - 17:13
Thanks a lot ladies for responses. I'll give her the docs except the passport ?
2264
Posts
EW EXPERT
Latest post on 20 July 2016 - 15:23
It's illegal for you to keep all her documents, definitely her Emirates ID card - this has been reiterated by the authorities in the press today. NO ONE is allowed to take anyone's EID.
2287
Posts
EW EXPERT
Latest post on 20 July 2016 - 14:01
It's illegal to keep an employee's passport or EID, the law for domestic servants is no different in that aspect. Besides, Hhe needs to be able to identify herself with her EID. So give it to her.
199
Posts
EW NEWBIE
Latest post on 20 July 2016 - 10:23
I thought it was illegal for an employer to hold an employee's passport. Perhaps this does not apply to domestic staff.
59
Posts
EW NEWBIE
Latest post on 20 July 2016 - 09:08
Definitely give her the Emirates ID card. We're meant to carry it at all times - that's the point of it.
18
Posts
EW NEWBIE
Latest post on 20 July 2016 - 07:09
Give it to her. She can't even sign up on a phone contract without her ID. If you are worried about her doing a runner, you still have her passport. As well, she needs some sort of identification if stopped by CID and you have every piece of it.
 
 

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