# Giving passport to employer



## Andy Capp (Oct 5, 2008)

Now I know that under UAE law the employer cannot insist that they hold your passport - without your permission.

However my mate works for Sheik Qassimi's company in Sharjah, he's been told, in no uncertain terms, that they MUST have his passport for "safe keeping".

Failure to hand it in will mean he'll be sacked.

Any advice?

Elphy???


----------



## Maz25 (Jul 6, 2008)

Tricky one! My company is owned by a Sheikh as well but we all have our passports and if anything, the minute they have the visa stamped in the passport, you get an email to tell you to come and collect it from HR asap! They don't seem to want to hold on to it for a minute longer than they have to.

I can't really advise on what to do but really feel for your mate! Talk about being caught between a rock and a hard place!


----------



## jojo (Sep 20, 2007)

I'm not in Dubai so this probably will be a silly answer, but cant your friend organise another passport??? Claim he's lost it and get another one from the british embassy??? and then give one over and keep one???

Jo xxxx


----------



## Gavtek (Aug 23, 2009)

I'd be looking for a new job if I were him.


----------



## mayotom (Nov 8, 2008)

jojo said:


> I'm not in Dubai so this probably will be a silly answer, but cant your friend organise another passport??? Claim he's lost it and get another one from the british embassy??? and then give one over and keep one???
> 
> Jo xxxx


Sounds good, but that method is probably covered, because the British Embassy will require a police report to confirm that it has been Lost/Stolen. This will have to be done with the police in the UAE, as a passport is required to leave the country. The police are obliged to make enquiries as to where the passport could be. They will first notify DNRD(Immigration dept) who would notify all border exits of the stolen passport, then you are in a load of Crap. wasting police time, false statements etc..

so as for a solution, Who knows


----------



## Midos (Jun 25, 2010)

What about when your mate wants to travel on a 2 days weekend holiday, will they give the passport back or they will simply ignore him ?
"safe keeping" is a joke, the real reason behind keeping the passport is to have control over the person. 
I heard it is pretty common for labors in construction and others low payed jobs where employees tend to disappears after few months. 
I had similar story 3 years ago, but it ended when I told them if they want my passport,they needs to get embassy approval first and never got bothered again.


----------



## Elphaba (Jan 24, 2008)

Andy Capp said:


> Now I know that under UAE law the employer cannot insist that they hold your passport - without your permission.
> 
> However my mate works for Sheik Qassimi's company in Sharjah, he's been told, in no uncertain terms, that they MUST have his passport for "safe keeping".
> 
> ...



As far as I am aware it is illegal for ANY company to retain a passport, by way of UAE law as well as international law. I suggest your friend gives the Ministry of Labour a call on their helpline number 800 665.

-


----------



## stewart (Jun 21, 2009)

Elphaba said:


> As far as I am aware it is illegal for ANY company to retain a passport, by way of UAE law as well as international law. I suggest your friend gives the Ministry of Labour a call on their helpline number 800 665.
> 
> -


This might be true, but I am aware of so many companies that do this in the UAE.
Most companies operate on the system of swapping your Labour card for passport when the passport is required, and vica versa to get the labour card back. 
If it is illegal then why is this system so common?
And why does the MOL not enforce it?


----------



## Elphaba (Jan 24, 2008)

stewart said:


> This might be true, but I am aware of so many companies that do this in the UAE.
> Most companies operate on the system of swapping your Labour card for passport when the passport is required, and vica versa to get the labour card back.
> If it is illegal then why is this system so common?
> And why does the MOL not enforce it?


I am aware that many companies, not most, do this, but they are breaking the law. The MoL will take action if the issue is reported to them.

You are entitled to hold your own labour card as well as your passport and most companies do comply with that.
-


----------



## Andy Capp (Oct 5, 2008)

Cheers for the help, I've given him the number etc. I'll keep you posted - i reckon the GM (lebo) will back down, but let's see.

Whether Sheikh Q actually knows about this is another matter, my thoughts are that he doesn't.


----------



## stewart (Jun 21, 2009)

Elphaba said:


> I am aware that many companies, not most, do this, but they are breaking the law. The MoL will take action if the issue is reported to them.
> 
> You are entitled to hold your own labour card as well as your passport and most companies do comply with that.
> -


In the industry I work in not many, but MOST companies do, in fact I only know of a couple that dont. 
Should they all be reported?


----------



## Elphaba (Jan 24, 2008)

stewart said:


> In the industry I work in not many, but MOST companies do, in fact I only know of a couple that dont.
> Should they all be reported?


In the UAE most companies do not retain passports. This is a fact. I have no idea what you do, but it is quite clear that such practices are illegal.

I really don't know why you are trying to argue about the law. I am simply telling you the legal position and that the MoL will take action if people bother to contact them.


----------



## stewart (Jun 21, 2009)

Elphaba said:


> In the UAE most companies do not retain passports. This is a fact. I have no idea what you do, but it is quite clear that such practices are illegal.
> 
> I really don't know why you are trying to argue about the law. I am simply telling you the legal position and that the MoL will take action if people bother to contact them.


Elph I am not arguing the law or arguing with you, I simply stating a fact which I see every day.
And I am talking a lot big well known companies, as well as smaller contractors.


----------



## Elphaba (Jan 24, 2008)

The fact is that they are breaking the law. 

People can choose to stand up for the law, or go along with an unfair status quo.


----------



## saima1215 (May 31, 2010)

I was actually in a similar situation and ended up quitting my job. I can't allow somebody to hold my identity in this country. Every individual should have their passport for safety purposes.


----------



## Tropicana (Apr 29, 2010)

Elphaba said:


> In the UAE most companies do not retain passports. This is a fact. I




I dont think so; 

Almost 80% of small to medium sized firms do keep passports.....particularly of mid - lower paid staff.


----------



## Elphaba (Jan 24, 2008)

Tropicana said:


> I dont think so;
> 
> Almost 80% of small to medium sized firms do keep passports.....particularly of mid - lower paid staff.


80% do not.  When are people going to realise that their experience is not the only experience of life in the UAE?
-


----------



## Felixtoo2 (Jan 16, 2009)

Gulf News keep employee passports, does the National?


----------



## Elphaba (Jan 24, 2008)

Felixtoo2 said:


> Gulf News keep employee passports, does the National?


No, it does not. (Not that I am employed by them)


----------



## stewart (Jun 21, 2009)

I am not saying a word, but interesting reading :juggle:


----------



## Maz25 (Jul 6, 2008)

I think that to most of us it appears that a lot of employers retain their employees' passports simply because the large majority of victims are actually labourers, who for the most part have not even heard of MoL nor do they know their rights. MoL also do not seem to be making much effort to introduce themselves to the labourers and educate them about their rights.

I work for a developer and we do our best to make sure that all employees of our Contractors are in voluntary possession of their passport. We really do not buy the crap that 'if I give it to him, he will lose it.' We also do spot checks and insist on each labourer having a copy of their labour contract translated in a language that they can understand before they sign it but that on its own is insufficient because MoL also need to be doing spot checks to catch employers who are breaking the law.
Even if you are educated, the volatility of the market and the fear of losing your job often makes people turn a blind eye to this practice. I have my passport but I can't say for sure that I would have been brave enough to stand up for myself had my employer retained my passport 'for safekeeping.' Most likely, I would have rolled over like everyone else and simply accepted it. I'm not sure I would dare to take on my employer nor report them to MoL. I guess I'm one of the lucky ones who works for someone who upholds the law but not everyone is as lucky out there...


----------



## Tropicana (Apr 29, 2010)

Elphaba said:


> 80% do not.  When are people going to realise that their experience is not the only experience of life in the UAE?
> -


Neither is yours 

You are probably talking of western expats when you quote your figure. Ask the guys working in groceries, or for that matter any of the salesmen at any store in Dubai Mall. You will see how I got my 80% figure from...

Western expats generally have their passports with them, however, most Asians do not. Its is very unlikely that someone earns less than 6000 dhs (yes there are plenty of such people out there), and yet has his passport in his possession
I have my passport with me, however quite a few of my friends do not.


----------



## Elphaba (Jan 24, 2008)

Tropicana said:


> Neither is yours
> 
> You are probably talking of western expats when you quote your figure. Ask the guys working in groceries, or for that matter any of the salesmen at any store in Dubai Mall. You will see how I got my 80% figure from...
> 
> ...


No, but unlike most people, my job involves speaking to people about their personal situations and dealing with people's problems of this nature, so I have a far better insight than most.


----------

