# Old employer refused to give my passport after cancellation



## ishlibidish

Hi everyone,

I had a problem with my last employer. Last April, they let us all sign a document saying we don't have a salary increment anymore. I refuse to sign the document because aside from the fact that I did not agree with what was written, it's very tricky that they had a different blank page for us to sign it. The old employer asked me then why i didn't sign it. I told them that I did not agree with it. They said if I don't sign it then i should resign. I stand firm on what I believe. I even tried to give them a win-win deal, I told them that if I sign it, i will ask for a copy of the document as i know i have the right for it. They refuse to give me a copy and even insulted me, telling me things that I don't understand English or I don't know how to read. Because they didn't gave me copy, I didn't sign it. The next day, I was surprised because when i went to work, they told i'm not allowed to enter the office anymore. I told them that i did not resign and i still want to go to work. But they didn't instead they're asking me for a resignation letter. Because i feel something is not right, I called the MOL hotline and ask help about my situation. The MOL, told me that even if the employer has the right to implement rules for the company they cannot force someone to sign any document especially if the person did not agree with what was written in there. Also, they don't have the right to give the employee a force resignation. It's illegal. The MOL advised me to go back and tell them that if they don't want my service anymore, they should give me a termination letter. If they don't then i should file a complaint against them. I went back to my old employer and told them that, but still they didn't let me get inside the office and even told me to go home. I didn't want to go over the hassle that i will get after all the labor thing, but I feel the need to. I went to the labor and file a complaint. It wasn't easy but in the end we had everything settled. I told them I'm afraid to go back with my old sponsor because of what happened, and if i go back they might do something much worse than that. And because of that, the labor decided they give me a labor ban because i'm still less than a year with my old employer. Actually, I have just 5 days left and I will be 1 year (i have 2 years unlimited contract with my old employer). Yes, they gave me a year ban, but they also gave me a 30 days to stay here in UAE to look for another job in freezone. I found a new job, although it's not freezone but they had my ban lifted and I already got my pink visa. I went back to my old employer to get my passport and presented them my pink visa. I was surprised because they didn't gave me my passport. They're giving me excuses like the boss is out of the country, they don't have the key to where the passports were placed etc. Now, I need my passport so i can process my residency visa but still they're very firm on their decisions. My new employer called my old employer and asked nicely for my passport but still he's being so rude. He doesn't want to give my passport and he said that he doesn't want me to stay in UAE because he want the other employees (my former workmates) to be afraid of him and they might be inspired of my bravery to go to the labor office (Because he has lots of violations by the way of the labor law but everyone was just afraid to complain to the labor). He even said that he will do everything to prevent me from getting a job. I feel like he has a wasta that's why he's very confident with his inhumane ways. I'm very disappointed. With my new sponsor, we processed everything legally. I don't wanna go again with the process of filing a complaint etc. but I don't know what to do anymore...I need help and advice. Thanks in advance.


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## saraswat

Go back to the MOL and report the fact that you are not being given your passport. I would also try and get the police involved, not sure if they would get involved or just ask you to go to the MOL.


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## ishlibidish

I went to MOL earlier and the legal adviser there told me to go to Immigration or the Police station. Anyone here experienced something like this?


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## escape1980

I am sorry to hear this. Only in the UAE would this happen, and other Gulf countries. This is why I made an excuse to keep my passport from my employer, I would give some excuse always for needing it and then I absconded form the country YAY! This is my advice for everyone to do when they are ready to go, as closing things out is a hassle.

So many employers feel the expats, particularly from third world countries, are "nobodies.." This is so sad to me. I honestly don't know why anyone would want to work in Dubai, it may be better economically than your home country, but there is no employee rights, no human rights, no womens rights, NOTHING! How dare your employer think they have the right to have your passport! This is unheard of in the civilized world. For one thing, your passport is YOUR personal document, not the UAE or your employers. It is an international HUMAN right to travel as necessary. My advice is once you get your passport back, and don't back down. get the heck out of Dubai. This problem exists everywhere unfortunately for the uncivilized.  Glad I screwed my employer over


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## vantage

my advice is to keep aiming to do it properly, and avoid absconding, screwing people over etc.

Use MOL, use Police, use Immigration, 
keep records of all emails, letters, calls & correspondence.


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## Bigo

Iam really sorry to hear this, and also surprised that still companies keep employees passports with them, because technically this is illegal in the UAE if you dig deep in the law they can keep your labor card not the passport. Now each type of employer has a way to deal with. What you can do now is going through all normal channels of immigration, police station, MOL..etc.

Have your file built up and keep all emails and papers and give them a month or so to settle this. If it didn't work there is always a way... Go to the embassy of your country and cancel this existing passport under a lost document and issue a new passport in this case the document the old employer has is not valid any more and anyways if you don't have it that means its lost. You go to police station get a paper as your passport got lost. Because if the employer is not giving you the passport that means they might lost it. And you can use this. This is your only way out specially since the ban is lifted then you can take your pink visa go to Oman for one day come back and it's stamped. Let the old employer to pickle your passport good luck ..


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## Jynxgirl

Dont give any time is my suggestion. The employer is hoping that your new employer gets frustrated and just gives up on hiring, leaving you stuck leaving the country. The person has no respect for you so you should give him no respect as well. Go to security and immigration and scream bloody murder. Tell them you want to file a case if you have to. They probly will not want to do anything if indeed this person has wasta, but if you keep it up, they will be forced to do something. Once called with the police involved, he will be forced to comply, inshalla.


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## ishlibidish

I was thinking about declaring my passport lost and apply for a new one. But isn't it risky? Will they trace my old passport? I'm really close to doing it now.


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## ishlibidish

Also, last week I went to Ajman Immigration since my old visa was registered there. The Ajman Immigration called our old PRO and employer but then again, they're giving the same lame excuses like they don't have the keys etc. and told me to come back on Sunday because my old employer will come on Sunday. I don't know but from my experiences with them, I don't trust them anymore. I am pretty sure they're up to doing something to prevent me from getting my passport. I also feel like the Ajman authorities aren't that much of a help.


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## Jynxgirl

Your new company doesnt have any one who will accompany you there, preference toa male, then more so an arab, and then even more preference to a local/gcc guy? I never go anywhere when I need something actually done, without an arab male coming along with.


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## ishlibidish

I had that in mind also. I don't want to go there alone.


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## ishlibidish

I'd like to inform everyone that this problem has been solved. I went to our embassy to ask for help. They gave me a letter of passport retrieval and I faxed it to my former employer. Weeks after they gave me back my passport. Thank God.


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## 132467

ishlibidish said:


> I'd like to inform everyone that this problem has been solved. I went to our embassy to ask for help. They gave me a letter of passport retrieval and I faxed it to my former employer. Weeks after they gave me back my passport. Thank God.


Im happy to know that you got justice, even though you went through a lot of unnecessary hastle.

Piece of advice: when you work in dubai, you have the option of either keeping your passport or your labor card.

Always give your labor card, keep your passport 

I know sometimes people settle for small pay and very hard work including unpayed overtime, all because they got mouths to feed.

Though if you feel like your employer is battering, overworking you, not paying you on time... don't confront him or make a problem about it, look for another job... take your time with it... find a good one that pays you well and treats you well.. there is a lot.. but of course they need patience and time to find.

Also be sure that your employer does not look down on you because of your nationality, as many do. Never work in a company like that, you won't have a future in it.

Good luck


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## w_man

kookid said:


> Though if you feel like your employer is battering, overworking you, not paying you on time... don't confront him or make a problem about it, look for another job... take your time with it... find a good one that pays you well and treats you well.. there is a lot.. but of course they need patience and time to find.


I don't know if I agree with that. The fact that many employees don't confront their employers or 'make a problem' (assuming this means not to go to MOL?), is why many employers continue to abuse their powers in UAE.

If more and more employees go to MOL and get the law on their side, the employers will eventually stop fooling around (wishful thinking anyways).

With all the negatives, UAE does have some *decent* laws to protect employees but unfortunately most people don't go to MOL out of fear of losing their jobs or getting involved in the legal system. Hopefully this will change.


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## Canuck_Sens

w_man said:


> With all the negatives, UAE does have some *decent* laws to protect employees but unfortunately most people don't go to MOL out of fear of losing their jobs or getting involved in the legal system. Hopefully this will change.


 This is the natural outcome when you go to MOL, you will end up either leaving or losing your job and most cannot simply afford staying out of work to look for a new one.


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## ishlibidish

Thank you for your piece of advice, kookid. I am much happier with my new work now. It's totally different from the old company i used to work with.


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## ishlibidish

w_man said:


> I don't know if I agree with that. The fact that many employees don't confront their employers or 'make a problem' (assuming this means not to go to MOL?), is why many employers continue to abuse their powers in UAE.
> 
> If more and more employees go to MOL and get the law on their side, the employers will eventually stop fooling around (wishful thinking anyways).
> 
> With all the negatives, UAE does have some *decent* laws to protect employees but unfortunately most people don't go to MOL out of fear of losing their jobs or getting involved in the legal system. Hopefully this will change.


True! If only more people are brave enough but things here are so difficult. Some even have contacts with the officials in labor. Like with my case, my former employer sabotaged the whole plot. The big man in AJMAN MOL suddenly turned into our local sponsor and told me he won't let me have my passport unless my former employer hands it to me. But thank God everything was over. They got afraid of the letter from our Consulate.


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## affiekaap

Hi

O my goodness, just read this, are you ok now? did you get everything sorted. I'm going through this now, it is not nice. Hugs

My Feed: If you have any advice you would like to share

http://www.expatforum.com/expats/du...ong-thread-but-please-read-3.html#post1455354


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