company keeping passport: is it allowed? | ExpatWoman.com
 

company keeping passport: is it allowed?

118
Posts
EW NEWBIE
Latest post on 13 February 2011 - 10:00

does my company have the right my passport?
I really want my passport with me, even the policy of my country tells me not to give it away. I have been told that it is against the UAE law. and some days ago I also saw an article about that issue in 7 days, that a american company is holding back the employees passport which is not allowed.

118
Posts
EW NEWBIE
Latest post on 16 February 2011 - 10:15
Thanks guys! So normally there should not be any discussion to get my passport back. It is against UAE law and also against the policy of the government of my home country! Hopefully my company will understand, I do not wanna make trouble because of that :-/
369
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EW EXPLORER
Latest post on 13 February 2011 - 14:20
"The laws in UAE do not entitle the employer to keep the employee’s passport for whatever reason and the passport shall not be submitted to anyone unless upon order of Public Prosecution or court only." - Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants in response to a question to "Ask The Law" (Gulf News 09 May 2010) "It’s illegal, ... The government will not tolerate companies that withhold passports," - Yousuf Abdulghani (Abdul Ghani?), Executive Director of Policies and Strategy at the UAE Ministry of Labour (Arabian Business 30 April 2009). "Retaining workers' passports amounts to forcible work in violation of the International Labour Organisation's (ILO) Convention on the Abolition of Forced Labour, to which the UAE is a signatory." - Aref Mirza, Director of the UAE Ministry of Labour Legal Department (Gulf News 13 June 2006). Bit old but.... I agree 100% that it is illegal. My husband manages a government company and he had to fight to get his managers passports handed over to them. It is against the law, but they conveniently overlook that law.
4747
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EW MASTER
Latest post on 13 February 2011 - 14:12
does my company have the right my passport? I really want my passport with me, even the policy of my country tells me not to give it away. I have been told that it is against the UAE law. and some days ago I also saw an article about that issue in 7 days, that a american company is holding back the employees passport which is not allowed. yes they do do this, if that is your company policy you do not have a choice, as if you do not let them have it they will not pay you etc. its not allowed under the labour law, but then again you have to decide if its worth trying to fight it.
524
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EW GURU
Latest post on 13 February 2011 - 14:01
"The laws in UAE do not entitle the employer to keep the employee’s passport for whatever reason and the passport shall not be submitted to anyone unless upon order of Public Prosecution or court only." - Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants in response to a question to "Ask The Law" (Gulf News 09 May 2010) "It’s illegal, ... The government will not tolerate companies that withhold passports," - Yousuf Abdulghani (Abdul Ghani?), Executive Director of Policies and Strategy at the UAE Ministry of Labour (Arabian Business 30 April 2009). "Retaining workers' passports amounts to forcible work in violation of the International Labour Organisation's (ILO) Convention on the Abolition of Forced Labour, to which the UAE is a signatory." - Aref Mirza, Director of the UAE Ministry of Labour Legal Department (Gulf News 13 June 2006). Bit old but....
125
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EW NEWBIE
Latest post on 13 February 2011 - 13:53
Dept of Immigration recommend employers to hold passports. It is not illegal here, which contravenes international law. Ask your embassy for advice.
374
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EW EXPLORER
Latest post on 13 February 2011 - 13:34
I would email the person who has your passport asking for it back immediately. Do not answer the phone if they call you and get, in writing, thier refusal. Then contact your embassy
237
Posts
EW NEWBIE
Latest post on 13 February 2011 - 13:25
It is illegal. We had troubles with my old boss once who kept asking me to get all the staff passports and eventually I showed him (after much discussion and me refusing) a piece of paper from Clyde and Co lawyers saying it is illegal. He then kept our labour cards (we had copies with us) which was fine. They should keep something as they do have responsibility over you especially if you are company sponsorship but passports - no way. Good luck !
425
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EW EXPLORER
Latest post on 13 February 2011 - 10:45
It is illegal for the company to hold their employees passport, but it's common pratice. My first visa was as the manager of my company, in a free zone from an other emirate. The free zone didn't give me back my passport. I had to have a letter, signed by myself - as I'm the manager- saying that due to the fact I will need to travel a lot, I need to have my passport with me. Once they had this letter, they gave my passport back (just took 2 days once I phoned to ask for my passport). To understand a bit how they think, if you are not European or American (or Australian ?), you need to apply for a visa before travelling in most of the case (while European, American, etc.. usually are able to travel just with their passport and granted with visit visa on arrival without any issue). Therefore, your passport only isn't a big help and people don't give as much importance as we do to the passport. Now, I would find the law, print it and go with it to the HR dep. and explain that you are very worried to see that your company does illegal things, etc.... Take the name of your interlocutor and ask to speak to his boss. (usually, it makes the things moving faster here). and that you will have to inform your embassy (as the passport is their property) that you don't want to give it back to you. Perhaps threatening them to go to higher things will make them move (usually works here).
736
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EW GURU
Latest post on 13 February 2011 - 10:32
My old company used to keep them for for people under a certain grade, they tried to keep mine, I requested it as I was going away for the weekend and I simply 'forgot' to return it after I got back and I told HR that I left it at home every time they asked, they eventually gave up.
656
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EW GURU
Latest post on 13 February 2011 - 10:24
I know that the car showroom on SZR holds the sales people passports for a fact.
118
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EW NEWBIE
Latest post on 13 February 2011 - 10:15
I also told them that they can keep my ID card from the freezone I am working in. But until now, I already asked twice, they are still discussing if they will give my passport back. I am really getting angry, because what if I decide to go to oman on a thursday night and nobody can give me my passport because the office is closed!?!?! however, my passport belongs to my home country and should be with me! so, normally they do not have a chance to keep it, right?!
54
Posts
EW NEWBIE
Latest post on 13 February 2011 - 10:13
I was also asked to give my passport to the HR department. As far as I understand, the company has to have your passport or labor card at all times. I told them they can keep my card, but I need my passport with me and they accepted. But many people don't question and just give their passports :\: No, this is wrong and 100% illegal. The passport you hold is the property of the government that issued it. You are responsible for the safekeeping of the passport and no one else is entitled to keep it from you. Any other person or entity who takes your passport from you should be reported to your government immediately. Likewise, your labour card is something you need to have in your possession as you will need to show it to gain the services to which you are entitled. I suggest you take a print out of the law to the HR department and absolutely refuse to give them your passport. They know it's illegal, but are hoping you don't.
35
Posts
EW NEWBIE
Latest post on 13 February 2011 - 10:05
I was also asked to give my passport to the HR department. As far as I understand, the company has to have your passport or labor card at all times. I told them they can keep my card, but I need my passport with me and they accepted. But many people don't question and just give their passports :\:
1234
Posts
EW OLDHAND
Latest post on 13 February 2011 - 10:01
By the law of the UAE, it's not legal to hold employee's passport. However many companies still do as they are afraid of theft, absconding and just in case the person will cause them any other trouble.
 
 

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