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Can company keep passport

420

Posts

EW EXPLORER

Latest post on 22 August 2011 - 10:23

My DH`s company is putting pressure on him for him to return his passport back to them. He doesnt like the idea of his company keeping it. Can they do this?

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everythingnice45485

568

Posts

EW GURU

Latest post on 23 August 2011 - 10:24

@LMAO - according the the lawyer who runs the column "Ask the Law" no company, including free zone based ones, is allowed to hold your passport here's the link to the column http://gulfnews.com/uaessentials/ask-the-law/holding-passports-1.33301 "I am working in Media City (Free Zone). I want to ask you whether my company, which comes under the free zone, have the authority to hold my passport or not? As my company is holding the passport, do I have the rights to ask for it back? What are the rules and regulations on the issue? I would like to clarify to the questioner that the Labour Law does not allow any employer (whether a company in the Free Zone or not) to retain the passport of the worker, as it belongs to the bearer. Besides, the Ministry of Interior recently has issued a circular stating that the employer may not retain the worker's passport for any reason." Yes, bot for freezone, companies are not allowed to keep it but the company has the option to demand for it only if it will be kept by the freezone authority, not by the company. Read this on our freezone manual.

237

Posts

EW NEWBIE

Latest post on 23 August 2011 - 09:53

BY LAW, companies are not allowed to retain passports; labour cards are also supposed to be in the hands of the employee. Having said that, if Immigration/labour inspections are made, companies are FINED if they do not have in their files either the passport or the labour card! Damned if they do, damn if they don't ... edited by crystalsindubai on 23/08/2011 We did have labour inspections and it was fine, we had the original labour cards in the files (and passport copies) and they accepted it no problem. MY bosses argument was (when he wanted to keep our passports) that he was responsible for us and if we were involved in an accident and ran away etc he would be in the sh*t, but my argument was that if anything happened with family in the UK and I had to fly in a rush that I would have the hassle of going to get my passport off him etc, and he was quite often travelling and hardly ever in the office, so that was a worry for me. He accepted it was not very practical so then all was good. But our company was very small so different for the huge companies who obviously have concerns and more staff to worry about absconding / being in trouble etc.

619

Posts

EW GURU

Latest post on 23 August 2011 - 09:01

Sorry, this is probably a stupid question, but why would the company wish to keep all their employees' passports? Because they think they're likely to abscond, or what? This is exactly the reason. I've worked for two hotels in Dubai. The first one insisted on keeping our passports, the second one didn't. My hiring process was a bit lenghty for the first hotel because I was in courses to get certified in massage therapy when I applied. They had to wait for my certificates to come in to show that I had passed the courses. I had spoken with the spa manager all along the process. The HR department knew that my husband had come to Dubai first and had been here for a year before I came. Still, the hotel took their time to get my visa, then they told me that they had to keep my passport. When I told the HR guy that I don't feel comfortable handing over my passport, he became hostile. He said that 'Europeans' always question them on this and that the reason they have to keep my passport is because 'You might just leave and we paid for the visas and we're stuck'. If an HR department has this attitude, it will show in all aspects of the company. This was not a good place to work but I needed it for the experience. Oh, they ended up letting me go four months after I started thanks to the finanacial crisis. They simply said that anyone who has been there less than 6 months is gone. Never mind that I spent the money on my courses, had looked into many spas to work. They kept all the ones who constantly whined and complained about their jobs or that they hate Dubai and such. So, back to the OP, if this company is the type that insists on keeping passports, this shows that they are unethical. I would advise that your husband not work for them but to find a job in a decent company.

1759

Posts

EW EXPERT

Latest post on 23 August 2011 - 02:17

crystals - can you give us a link to where a company has been fined? I'm just having difficulty understanding how they can be fined if they are actually not doing anything illegal. Thanks.

crystalsindubai

713

Posts

EW GURU

Latest post on 23 August 2011 - 00:14

BY LAW, companies are not allowed to retain passports; labour cards are also supposed to be in the hands of the employee. Having said that, if Immigration/labour inspections are made, companies are FINED if they do not have in their files either the passport or the labour card! Damned if they do, damn if they don't ... <em>edited by crystalsindubai on 23/08/2011</em>

3804

Posts

EW MASTER

Latest post on 22 August 2011 - 17:46

Companies are not allowed to but many do. Every company I;ve ever worked for here has, but the difference is if I asked for it, they would give it to me on the spot and I would just give in my labour card. However, many companies hold onto them because of people absconding. It might well state that a passport is the property of the issuing country, but if you ask any embassy here, they'll tell you that there's not a thing they can do about it! That was the response I got from the British Embassy.

1759

Posts

EW EXPERT

Latest post on 22 August 2011 - 17:42

@LMAO - according the the lawyer who runs the column "Ask the Law" no company, including free zone based ones, is allowed to hold your passport here's the link to the column http://gulfnews.com/uaessentials/ask-the-law/holding-passports-1.33301 "I am working in Media City (Free Zone). I want to ask you whether my company, which comes under the free zone, have the authority to hold my passport or not? As my company is holding the passport, do I have the rights to ask for it back? What are the rules and regulations on the issue? I would like to clarify to the questioner that the Labour Law does not allow any employer (whether a company in the Free Zone or not) to retain the passport of the worker, as it belongs to the bearer. Besides, the Ministry of Interior recently has issued a circular stating that the employer may not retain the worker's passport for any reason."

108

Posts

EW NEWBIE

Latest post on 22 August 2011 - 17:11

Unfortunately, I would say about 80-90% of companies here in UAE keeps their employee's passports (exceptions may apply to higher management positions). I just moved to a freezone company last June and they didn't ask to keep my passport, which I'm very happy about. Ironically, it is only freezone companies who can demand passports (but as the previous poster said, it will be kept under the freezone authority). LLC companies should not ask for employee's passports but for some f'd up reason, no one really regulates this rule.

576

Posts

EW GURU

Latest post on 22 August 2011 - 16:21

Just to add to the below comments. A company [b'>[u'>CAN [/u'>[/b'>ask for an employee's passport [b'>[u'>IF [/u'>[/b'>the company is based in a Freezone. The passport is then held with the Freezone authority - not with the company. Outside the freezone, they can hold on to a copy of the passport and the issued labour card hope this helps.

5400

Posts

EW MASTER

Latest post on 22 August 2011 - 15:16

Sorry, this is probably a stupid question, but why would the company wish to keep all their employees' passports? Because they think they're likely to abscond, or what?

237

Posts

EW NEWBIE

Latest post on 22 August 2011 - 14:57

No, it is illegal for them to keep, the holder should keep. When he had trouble in our company we gave our labopur cards in the end to the HR and we just had copies of the cards in our possession - this is a good compromise. I would never let anyone keep my passport ! simple.

1759

Posts

EW EXPERT

Latest post on 22 August 2011 - 13:59

They are not allowed to do so, no matter what your occupation. You are the custodian of the passport that belongs to your government that issued it. Here's an older article (but the laws are currently in place) http://gulfnews.com/news/gulf/uae/employment/retaining-passports-is-forcible-labour-1.240660 I like the part where it says "Mirza added that a worker, whose employer withholds his passport and refuses to return it, can quit without a notice period and demand a compensation for dismissal." Under no circumstances would I give my passport to anyone for any reason - you never know when you may have to leave in a hurry (i.e. family emergency) and whether it is being secured properly - there have been fires, burglaries, just general carelessness where a whole company's employees' passports have been lost, stolen, or destroyed.

103

Posts

EW NEWBIE

Latest post on 22 August 2011 - 11:44

A passport is the property of the issuing country and no one may hold the passport of an employee without the employee's prior and genuine consent. ETA I would never hand mine over in a million years <em>edited by llyc1 on 22/08/2011</em>

Hello.Again.Kitty

1861

Posts

EW EXPERT

Latest post on 22 August 2011 - 10:57

It's not his to give away - at least the British one remains the property of HM Government. Tell them they can have a copy, like everyone else in Dubai, but don't hand it over. Oh, btw... did you know it's actually illegal under UK law to make a colour photocopy of your passport?! Yarly!

2362

Posts

EW EXPERT

Latest post on 22 August 2011 - 10:53

they are not supposed to but many do. mine keeps our labour cards as none of us would give our pasports.

Princess_I45169

1953

Posts

EW EXPERT

Latest post on 22 August 2011 - 10:33

actually, according to our PRO; companies are permitted to keep passports if the person deals in money. Not sure if this is right or not but this is waht he says.

4000

Posts

EW MASTER

Latest post on 22 August 2011 - 10:26

No, they are not permitted to do so unless you agree, but many still insist on it. If you do not wish to ask your embassy. The passport is the property of your government.

dubaidella43424

36

Posts

EW NEWBIE

Latest post on 22 August 2011 - 10:25

hello. NO NO and NO! Alot of companies try it on here, including my current one. I have been one of the idiots who handed it over... but there are a few smart ones around that have just refused! And the company can not do a damn thing about it! DO NOT HAND IT OVER!!!

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