# Can the company hold the passport???



## saima1215 (May 31, 2010)

Hey everyone. I just started my first job in UAE and the company i'm working for is saying that they have to hold my passport. From what I know that is illegal. Today I sat with the HR Manager and explained to him that being an expat from the U.S. it is mandatory for me to have my passport in my possession. They said they cannot do anything because this is a UAE labor law. Has anyone faced a similar situation? I don't feel secure leaving my passport in some messy HR office where there's so many other people working. Can anyone help me out with this situation?


----------



## Jynxgirl (Nov 27, 2009)

Are they getting your visa? or want to keep it continuously?


----------



## saima1215 (May 31, 2010)

Jynxgirl said:


> Are they getting your visa? or want to keep it continuously?


I'm on the company visa and it has already been stamped on my passport. I am flying to NY for a week so I requested to get my passport back. I had to fill up a form and have it signed by three different people to obtain my own passport. It's so insane. I have it in my possession now but I was told to return it back to them once I get back.


----------



## Jynxgirl (Nov 27, 2009)

I would not give it back when coming back... If they were to 'fire' you they would be out your visa fees. But who knows, they could be that petty. They are not allowed to keep your passport. If I want to leave at a moments notice, I want my passport in hand if need be! 

I would rock the boat. Its an illegal boat anyhow :ranger:


----------



## saima1215 (May 31, 2010)

Jynxgirl said:


> I would not give it back when coming back... If they were to 'fire' you they would be out your visa fees. But who knows, they could be that petty. They are not allowed to keep your passport. If I want to leave at a moments notice, I want my passport in hand if need be!
> 
> I would rock the boat. Its an illegal boat anyhow :ranger:


Do you think I should contact the labor department regarding this? They told me I have to return the passport once I get back. I'm honestly not intending to do that but I think it's important they understand why.


----------



## nat_c (Mar 7, 2010)

I work for a global bank and they held my passport until my residency visa had been processed and then I got it back once it had been put in. I wasn't so sure about leaving it as heard it was illegal but as it's a global bank I wasn't too bothered. I always had a number for someone who had access to the building in an emergency


----------



## 90199 (Mar 21, 2010)

Tell them you have lost it and have applied for another


----------



## sandypool (Sep 12, 2009)

If you have your residence visa stuck in it then they have no other business or reason to have it. Technically the passport belongs to your government anyway so its not yours to give away. Remind them of the real law and then keep your passport. Any trouble from them then maybe consider the MOL. God forbid you ever "need your passport in a hurry" but I always like to know where mine is.


----------



## Felixtoo2 (Jan 16, 2009)

This is all to common even Gulf News try to keep employee passports. I`m sure Elph will know the legal ins and outs but I would not let any compnay hold my passport.


----------



## Lenochka (Apr 19, 2008)

Forget it - keep your passport ! As other said, you will need to give it to them to process your residence visa. that takes a few days, depeninding on the effectivity of your company's PR....after that, there is no need/reason to keep your passport.
Tell them it is against the law and that you will keep your passport !


----------



## Andy Capp (Oct 5, 2008)

saima1215 said:


> Do you think I should contact the labor department regarding this? They told me I have to return the passport once I get back. I'm honestly not intending to do that but I think it's important they understand why.


Legally they can't hold it.

It's one of those things that the "employers" - read the nationalities and their chip - want to do.

But you're between a rock and a hard place, what do you d? I'd say no and look for another job...


----------



## Lenochka (Apr 19, 2008)

what do they say if you ask them why they want it back upon your return ?

Don't give it back....and possible consider start looking for another job, should they not be able to explain properly and reasonably my initial question....

they will not fire you for "not handing in the passport".....


----------



## saima1215 (May 31, 2010)

Well I asked them why they want it back and they said it's the labor law here for the company to hold the employees passport. They said because i'm sponsored by them, they have to hold it. I told them it's like being held hostage or something. I'm not gonna give it back to them once I get back. It's insane for a company to hold my passport. That's my identity in this country and it should be with me at all times. They can't fire me for it - and if they do then it's their loss. Anyways, i'll keep you guys posted on this once I get back.


----------



## Jynxgirl (Nov 27, 2009)

saima1215 said:


> Well I asked them why they want it back and they said it's the labor law here for the company to hold the employees passport. They said because i'm sponsored by them, they have to hold it. I told them it's like being held hostage or something. I'm not gonna give it back to them once I get back. It's insane for a company to hold my passport. That's my identity in this country and it should be with me at all times. They can't fire me for it - and if they do then it's their loss. Anyways, i'll keep you guys posted on this once I get back.


Tell them you checked with the ministry of labor and that its actually against the law. If you add that they wanted to know what company you worked for let them know you were kind enough not to tell them the company who is breaking the law. :eyebrows:


----------



## woodlands (Jan 13, 2010)

*Can't believe u r asking that question*

Never ever leave your passport with the locals. This is no better than slavery. This is what laborers from Asia are subjected to, and reflects a really petty employer. If they insist, pack your bags and leave the country.


----------



## cobragb (Mar 15, 2010)

Freezones love to make an example out of companies practising illegal activities. If you work in one of them, I would just pay the office a visit to report this activity.


----------



## eastern star (May 18, 2010)

Its very worring that companys hold your passport. What happens if someone on there last legs or passed away. You kneed your passport to get home asap. And some arse has it somewhere and you can't get it , becase its locked up somewhere.


----------



## milado (Jun 19, 2010)

yes and no,
Local companies abusing the power and not following the lwas.

If they issue you Labor card and you have the labor card , then they can keep the passport.
but law says if you give them labour card, then you can keep your passport.
they can eighter keep your passport or your labor card.
Darius






saima1215 said:


> Hey everyone. I just started my first job in UAE and the company i'm working for is saying that they have to hold my passport. From what I know that is illegal. Today I sat with the HR Manager and explained to him that being an expat from the U.S. it is mandatory for me to have my passport in my possession. They said they cannot do anything because this is a UAE labor law. Has anyone faced a similar situation? I don't feel secure leaving my passport in some messy HR office where there's so many other people working. Can anyone help me out with this situation?


----------



## Ogri750 (Feb 14, 2008)

midwesto said:


> yes and no,
> Local companies abusing the power and not following the lwas.
> 
> If they issue you Labor card and you have the labor card , then they can keep the passport.
> ...


Sorry, but you are incorrect.

No company is legally entitiled to maintain possession of a passport once the via application is completed.

My previous company also tried this, until I made a call to the Birtish Embassy whilst i was in the company's head office, then passed the phone to head of HR for him to talk to them. Funnily enough, I had my passport in my hand 5 minutes later


----------



## saima1215 (May 31, 2010)

Thanks for all the info. I'm going to contact the U.S. Embassy and have them contact the company. There's people working in this country that don't have possession of their passports and are stuck because they cannot go back to their home countries. I just don't understand the laws here but all i know is that I will not allow somebody to have possession of my identity.


----------



## suritabix (Aug 15, 2008)

Hi there,

I work for a school and I obtained my job through a UK company and they said that by law and under no circumstances are they allowed to keep my passport. My school kept my passport for 3 days to do necessary paper work and then gave it back.


----------



## saima1215 (May 31, 2010)

Ok I had another question - say I quit this job and find another job but the company is not willing to give me an NOC letter. How would I go about with that? I've only been working here for 3 weeks. Apparently I hear there is a six months ban to work elsewhere but if the company writes an NOC then the ban gets removed. Does that apply to everyone?


----------



## Elphaba (Jan 24, 2008)

Felixtoo2 said:


> This is all to common even Gulf News try to keep employee passports. I`m sure Elph will know the legal ins and outs but I would not let any compnay hold my passport.


It is very simple. UAE Labour LAw states that employers cannot retain an employee's passport. It is illegal for them to insist on doing so.

-


----------



## dizzyizzy (Mar 30, 2008)

Sometimes you can get around the ban by either paying back your visa expenses to your current employer in exchange for an NOC, or having a new employer willing to pay to get the ban lifted in order to hire you for the new job.


----------

