# Passport Retention



## Guest (Apr 22, 2013)

Does anyone know what to do when you have been asked to hand your notice in for not wanting to give my company my passport to hold 
and when I want it I request it back...


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## Roxtec Blue (Jan 14, 2013)

trilogygirls said:


> Does anyone know what to do when you have been asked to hand your notice in for not wanting to give my company my passport to hold
> and when I want it I request it back...


It's quite simple. It is illegal in the UAE to hold a persons passport. Good luck though as this practice is still pursued by some companies. 

Perhaps a gentle reminder to them regarding the law may help. Sounds as if they are being somewhat unreasonable to say the least to ask you to resign. Get them to put the reason in writing and head for the ministry of Labour. :fingerscrossed:


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## Chocoholic (Oct 29, 2012)

It's not allowed, but many companies do it - mine does. I don't really have an issue with it and can get it back any time I need it. Or if I choose to keep my passport, then the company keeps my labour card instead. But threatening to fire you over it is just no on.

Sadly I've brought up this issue with the MOL before and the response was simply, it's not allowed, but many companies do it and there's really not alot you can do about it. So it really boils down to, are you prepared to be jobless. If they give it to you whenever you need it, it's really not a huge issue.


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## m1key (Jun 29, 2011)

It is an issue if you urgently need to leave the country. Lets say it is Thursday night. You get a call to say a parent is unlikely to last more than 24-48 hours. You want to head to the airport and jump on the first plane to go see them. You can't and you may not be able to until Saturday or Sunday when the office is open for someone to give you your passport. Even then, what if they say no?

That is a massive deal to me. It is illegal.

Being the UAE, you wont get anywhere. So it boils down to a choice of job or passport I'm afraid.


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## Chocoholic (Oct 29, 2012)

We have numbers and if that's the case, then someone from our HR meets us at the airport with it. As I said, most of us have our passports and the company just keeps our Labour card instead.

As with so many things here, it might be illegal but it happens and in more companies than people realise - even government bodies hold employees passports. MOL will tell you there's nothing they can do, as will you embassy. So as I stated before, it's really a toss up of whether you want the job or not.

If a company would refuse to give me my passport when I needed it, then it would be an issue, but I've never had that issue and every single company I've ever worked for here - that's 5 of them - 3 being Government owned, have kept passports.

However, threatening someone's job over it, is something a bit new. I have known companies withhold pay until it's been given in, but never this.


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## Guest (Apr 22, 2013)

So there is really nothing I can do?


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## Chocoholic (Oct 29, 2012)

trilogygirls said:


> So there is really nothing I can do?


You really do need to speak to the MOL. They certainly can't threaten your job over it, that is not on.


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## fcjb1970 (Apr 30, 2010)

trilogygirls said:


> So there is really nothing I can do?


I would not say nothing, but the chances that anything you do will end up in your favor with the result you are hoping for (keeping your job and passport) is highly unlikely.


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## Gavtek (Aug 23, 2009)

I would refuse to work for a company that wants to hold my passport. I should not need to ask for permission to receive my own passport and I should not be at the mercy of someone who may be drunk in Barasti or have a flat battery on their mobile when I want to take it.

If they don't give it back after processing your visa, just ask for it for applying for a visa for somewhere you're going on holiday later in the year and simply don't give it back to them.

Companies keep doing it because people keep putting up with it. I can see no good reason for a company to want to hold my passport.


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## Chocoholic (Oct 29, 2012)

Gavtek said:


> I can see no good reason for a company to want to hold my passport.


Companies do it, if they've had absconders in the past. That's basically why. Plus I'm sorry to say that it's very easy to sit and say 'well Id' quit and wouldn't work for them' - if you have the luxury of a. having money to be able to quit or b. the luxury of being able to find another job quickly. For many people, that's just not an option.


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## Gavtek (Aug 23, 2009)

Chocoholic said:


> Companies do it, if they've had absconders in the past. That's basically why.


That's a cost of doing business, not an acceptable reason to hold someone hostage.



Chocoholic said:


> Plus I'm sorry


Apology accepted.


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## w_man (Apr 16, 2010)

Chocoholic said:


> Companies do it, if they've had absconders in the past. That's basically why.


Just so I understand ...

What's the loss to an employer if an employee bails on them? Is the loss high enough to practice illegal tactics? 

To the OP - I would certainly contact MOL to get the latest bit of information on the subject. Also talk to them about submitting your resignation to the company over the matter - It might not be in your best interest to resign (potential visa charges, end of service etc) and instead have the company fire you if that's what they want to do.


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## saraswat (Apr 28, 2012)

w_man said:


> Just so I understand ...
> 
> What's the loss to an employer if an employee bails on them? Is the loss high enough to practice illegal tactics?


So say an employee has access to a significant amount of pretty cash, usual in large construction and similar industries/businesses, to the the tune of 30-50 k (even more sometimes), or an emergency cash expense account, or had signing authority on behalf of the organization. And they decide to pull some serious shenanigans, but are smart enough to cover their tracks long enough to leave the country. Once the person leaves, the company is left holding the big bag of excrement ....

The most recent case similar to such circumstances was in a local university, where the accountant was happily forging checks for quite a long time, and collected close to more than 16 million AED of money and fled ... those checks were meant to be payments to utilities/creditors ... the uni was left having to pay and wait until they find the guy and then it's anyone's guess how much they recover .... story here:

http://www.thenational.ae/news/uae-...16-million-worth-of-cheques-dubai-court-hears

To be clear, I am not supporting the practice of passport retention, there exist other ways to keep on top of things, but most companies here choose the easiest option of retaining pp's ....


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## vantage (May 10, 2012)

so, in order to prevent illegal practices, you brand all of your staff as potential thievess, then practice illegal practices to defend yourself? Hypocritical? 

Aint life grand!

I'm glad i dont work for a Company that effectively brands me as a potential thief the moment i walked in the door!


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## m1key (Jun 29, 2011)

So why isn't holding of passports done in every other country in the world? I mean, you can run off with money or commit fraud in any other country just the same as here. Anyway, with technology available these days I'm surprised they don't issue iPhones and have them self destruct if you go past check-in. Save having to find the poor ****** wouldn't it...


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## saraswat (Apr 28, 2012)

Because in most of the countries you would be referring to there would exist specific caps on the liability a company would face given such a scenario, they would have that locked down (in cases of big businesses) with the help of their top-notch legal team, one of the many reasons the legal profession/industry is huge in comparison to this region.... 

Also another very pertinent fact to this matter is that in most of those countries being referred to, the many other ways of preventing such malpractice that I alluded to in my earlier post are employed.... Here they are not, being a predominantly cash based transactional system doesn't help the situation any further... Yes there is big business being conducted here, but most seem to make the mistake of thinking that because large sums of money are involved the practices being followed are necessarily up to scratch too.. which is sadly again not the case... while it has gotten better and continues to do so, a lot of the ways business is conducted here is extremely porous/dated ...

p.s: one last thing to think about.. which other country's/region's workforce is so predominantly expatriate in the world ...


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## m1key (Jun 29, 2011)

London


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## sheesha.addict (Apr 21, 2013)

If this really bothers you, you can try to ask your consulate to issue you a second passport. I think I remember my father having two UK passports because some countries won't let you in if you have the stamp of an enemy country. I don't know if they still do this and what the process is like, but I strongly recommend you give them a ring and try get it done that way. Please remember to tell them that you do NOT want your old passport cancelled!!!


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## Roxtec Blue (Jan 14, 2013)

sheesha.addict said:


> If this really bothers you, you can try to ask your consulate to issue you a second passport. I think I remember my father having two UK passports because some countries won't let you in if you have the stamp of an enemy country. I don't know if they still do this and what the process is like, but I strongly recommend you give them a ring and try get it done that way. Please remember to tell them that you do NOT want your old passport cancelled!!!


As you rightly say you can hold two (or more in certain circumstances) British passports but under certain circumstances. I recently flew back to the UK to renew mine.

They can only be obtained 

1. In person at a UK IPS office by appointment.
2. With a letter confirming your reason for holding more than one passport from your employer (could be an issue as this is what you are trying to circumvent) signed by a company director and traceable.
3. All previous valid passports must be surrendered and cancelled at the same time.
4. When it comes to renewal time both must be cancelled and re-issued.
5. It is totally at the discretion of the passport officer on the day. If they say no there is no appeal on that day and you must reapply.

Good luck but I would imagine this strategy would probably fail at the first effort due to having meet the criteria. Good luck.


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## Chocoholic (Oct 29, 2012)

I think saraswat basically covered all the points very well. Sadly, you might not like it and it might not be allowed, but it happens, just like many other things in this country. Sitting, moaning and crying about it won't change that.


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## w_man (Apr 16, 2010)

saraswat said:


> So say an employee has access to a significant amount of pretty cash, usual in large construction and similar industries/businesses, to the the tune of 30-50 k (even more sometimes), or an emergency cash expense account, or had signing authority on behalf of the organization. And they decide to pull some serious shenanigans, but are smart enough to cover their tracks long enough to leave the country. Once the person leaves, the company is left holding the big bag of excrement ....
> 
> The most recent case similar to such circumstances was in a local university, where the accountant was happily forging checks for quite a long time, and collected close to more than 16 million AED of money and fled ... those checks were meant to be payments to utilities/creditors ... the uni was left having to pay and wait until they find the guy and then it's anyone's guess how much they recover .... story here:
> 
> ...


Fair enough but the example stated above, including the recent case of the university employee, holding the passport really doesn't stop the practice or the culprit from getting away. As mentioned, they are able to do this over several days, months or perhaps years - if he wasn't caught immediately, nothing stopping him from collecting his passport back from HR and fly off.

Basically if someone's going to pull a scam, they will find a way to do it, while working around legalities - let alone illegal practices by employers. 

Anyways - this debate is never ending and unfortunately this scenario will continue until people stop agreeing to such terms. I agree that for some it's easier to refuse such practices and not so easy for others who need a job to survive - it is what it is.


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## Tropicana (Apr 29, 2010)

These are not particularly relevant but the mindset behind them is the same i.e. every employee will be treated as a potential thief

1) Gas station staff being strip searched to check if they have tips or not

2) Workers in a factory dying in a fire because the emergency exits were closed; some employers would defend blocking exits by saying "otherwise some workers will steal goods".


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## Guest (Apr 24, 2013)

ok, thanks for the advice everyone!


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## twowheelsgood (Feb 21, 2013)

Get a second passport sd give them that one - they probably won't even look at which one you give them.

Depending upon the company, its helps to remind them that as well as the UAE saying that passports cannot be held on to, the issuing country may have something to say id they wish to do business there.


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## The.Unwritten (Apr 13, 2013)

they recently made it illegal but no "smart" company has implemented it...
there are two options in order for them to give your passport back, 

(1) exiting the country; they will give you your passport at the departure after getting the exit stamp on your passport & cancellation paper (to clear their sponsorship at the immigration). 

(2) if you found a new job; your new employer will process your employment visa, then you get the employment entry permit, you have to send your old employer a copy of the entry permit (the pink paper), then they will give your passport. 

nobody can hold your passport until you decide what you are going to do, if you don't do the above they will issue an absconding against you, which is way worse than holding your passport.... it might sound abusive but trust me, its only for security purposes to avoid any unnecessary problems for the company. after all... whatever happens, the company will take full responsibility...


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## wazza2222 (Sep 7, 2011)

If you work in a Free Zone, the law is different. Whilst the employer is not allowed to retain your passport, the actual Free Zone Authority (as your sponsor) is. 

As for asking you to resign? I would say the answer is simple, refuse. When they dismiss you, you are a dead cert winner at the MOL.

Personally, I would just give them my passport and start looking for a new job...


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