# Employer wants to hold passport!



## wazza2222 (Sep 7, 2011)

Righty Oh! 
My wife has just got a job in the Jebel Ali Free Zone, the rules of which I am blissfully ignorant of
Her employment agreement states that the employer will hold her passport 'for security reasons' (temporary release may be granted) 
I thought that this sort of shenanigans was against the law here in Dubai?

This appears to be 'one of those' employers that will try to claim visa costs back from staff who resign etc. etc.

Alarm bells ringing already?

Wazza


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## Jumeirah Jim (Jan 24, 2011)

Yes warning bells should be ringing. That sounds extremely dodgy.


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## Gavtek (Aug 23, 2009)

Under no circumstances allow them to keep her passport.


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## wazza2222 (Sep 7, 2011)

What do you reckon their angle is? why would they want to do that? Its an international (western) company so sex slavery isnt on the cards lol!


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## Gavtek (Aug 23, 2009)

They just want to have control over their employees, dicate when she can/can't go on holiday, that sort of thing. Tell them to stick it.


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## wandabug (Apr 22, 2010)

It's not legal but many companies do. Do what I did, give it them then tell them you need it for the bank/car lease company/liqour licence etc, then keep forgetting to give it back till they give up asking for it.


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## Felixtoo2 (Jan 16, 2009)

Under no circumstances let them have it.


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## BedouGirl (Sep 15, 2011)

Will she be handling company money? That might be why. I think you also need to be concerned about the company wanting to recoup visa costs. It isn't legal either. This is probably why they are holding passports - basically, people wanting to leave have to pay, in effect, to get them back. Is she on your sponsorship? If so, they are not providing her with residency, just a labour card. That's another reason for them not to hold her passport. It's very easy to get caught in these situations. For most people, when they join a company, the last thing they are thinking of is leaving and they can never see themselves being in the situation where they may leave at a point where they would have to pay money back because they did not fulfil the terms of their contract. As everyone else has said, be wary....


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## wazza2222 (Sep 7, 2011)

*Nope*

No money handling although thats an interesting point!
I reckon the "oh I am going on holiday to Oman and need my passport this weekend" might be the go...
She's not on my sponsorship.

W



BedouGirl said:


> Will she be handling company money? That might be why. I think you also need to be concerned about the company wanting to recoup visa costs. It isn't legal either. This is probably why they are holding passports - basically, people wanting to leave have to pay, in effect, to get them back. Is she on your sponsorship? If so, they are not providing her with residency, just a labour card. That's another reason for them not to hold her passport. It's very easy to get caught in these situations. For most people, when they join a company, the last thing they are thinking of is leaving and they can never see themselves being in the situation where they may leave at a point where they would have to pay money back because they did not fulfil the terms of their contract. As everyone else has said, be wary....


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## Tropicana (Apr 29, 2010)

Its illegal but quite common especially for lower end workers. In effect companies want to micromanage their staff, like dictate when they can take leave as one member said, etc.

In some neighboring countries its actually customary to ask staff for bribes to release their own passports!
And over here many companies make their staff write a letter requesting release of their passport specifying why they need it and promising to return it.

As long as companies think they own their staff and dont consider them as hired help, such things will continue


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## wazza2222 (Sep 7, 2011)

*Wow*

This is disappointing to say the least! Its a well known company and appears to be staffed by western expats. 



Tropicana said:


> Its illegal but quite common especially for lower end workers. In effect companies want to micromanage their staff, like dictate when they can take leave as one member said, etc.
> 
> In some neighboring countries its actually customary to ask staff for bribes to release their own passports!
> And over here many companies make their staff write a letter requesting release of their passport specifying why they need it and promising to return it.
> ...


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## elarmali (Sep 21, 2011)

Employers holding passports are definitely not allowed. So unless you are desperate and need that job and for the employer to sponsor you for the visa to stay in the country, I would not allow it


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## Sunset (Jan 24, 2011)

A passport is not the property of the holder, but the property of the government/country that issued it. Although it is done, it is illegal for an employer to withhold a passport. 

I have had several jobs and have never been asked to handover my passport, nor would I. What, for instance, you had a family emergency that comes to your attention on a Thursday night and you can't get hold of your employer - the person who has the authority to release it?? I wouldn't even go with the "I'm going to Oman" and "forget" to hand it back over. If they keep insisting that she return it and she doesn't, there is a possibility that she will be terminated. 

She can mention to the potential employer that she checked with her embassy about handing over her passport and her embassy informed her that she was responsible for the passport and it is illegal for an employer to ask that it be turned over to them. If she doesn't need the job and she's not comfortable handing it over, then she should look for another job.

Why not get your wife under your sponsorship? If she has a job and wants to quit, she can walk away without the headaches that could come from an employer sponsoring her and/or holding her passport.


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## Jynxgirl (Nov 27, 2009)

Tell them you guys are off roaders and will be going to oman on most weekends so that is a no go...


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## Ogri750 (Feb 14, 2008)

Don't give them poxy excuses.

Tell them straight - "you are not legally allowed to retain my passport. Either return the passport or I will get my embassy/consulate involved".

All the *****ing around, tell them this or tell them that. Rubbish.


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## Kawasutra (May 2, 2011)

Here is the related rule to this topic, from JAFZA.

*9.6 Passports*9.6.1 Employees of Clients, who are sponsored by Jafza, will have their passports retained by
Customer Service Department. A Company Employment Card (CEC) will be issued in its
place as an identity document (See Clause 9.4).
9.6.2 Jafza will allow senior staff for whom the Bank Guarantee requirement has been waived
(see Clause 9.2.4), to retain their passports.
9.6.3 If necessary, passports can be withdrawn by individuals for specific purposes. To do so
however, a “Request for Withdrawal of Passport” form must be completed and signed
by an authorised signatory and submitted to Free Zone Customer Service Department for
approval. The agreed date for return must be complied with.
However, an authorised signatory cannot approve withdrawal of his/her own passport.
This must be authorised by another authorised signatory (see Clause 9.1.1), or directly
by Free Zone Customer Service Department.
9.6.4 In case of emergency outside normal working hours, e.g. death of a close relative, it is
possible to withdraw a passport. The procedure is to ring DPA’s Telephone Exchange
(8815000) or DPA Security (8816846) and explain the situation. The Telephone Operator
or Duty Security Supervisor will arrange for the attendance of a Free Zone staff member
who can issue the passport in exchange for the Company Employment Card.
If possible a “Request for Withdrawal of Passport” form should be completed and signed
by an authorised signatory and then presented to Customer Service. However, a request
on company notepaper with an authorised signature will be accepted if the proper
request form is not available to the applicant.
9.6.5 When passports are withdrawn, the Company Employment Card must be surrendered in
exchange for the passport. However this is not required by senior staff who are allowed
to retain their passports.


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## loca (Feb 22, 2011)

ohh so someone else on my same shoes.. I had this same written on my Offer Letter and told them I did not accept it, they told me it was standard practice in UAE and would be easy to get my passport back if needed. Silly me, I had never been to UAE, never read anything about the Labour Laws here so I accepted.

After a while I needed my passport and it was a nightmare to get it back, until I sent an angry email to my boss saying this was illegal and all the scary blah blah so they released my passport. I told them if they ever wanted it back they should write a document saying they are making themselves legally and financially responsible for my passport, they were taking it AGAINST my will; should anything happen to it and in case of loss or damage or any legal issue they are fully responsible for it and will pay all the costs of getting a new one in France and get it registered in Kuwait, since we don't have embassy in UAE

After 6 months when I was given my vacations to go home, they realized I still had my passport and asked me to give it back (3 days before going on vacations) just to "officially ask it back for vacations".. which obviously I did not do.

I came back from vacations 2 months ago and last night HR assistant "remembered" I still did not give it back. I'm pretending I did not receive the email and will keep delaying the issue, and try to push for my "letter". However is also written in the company policy "if the employee fails to give his/her passport back on the agreed date, his/her salary will be retained until passport received by HR department" which S****ks.

For my next job I know exactly what I will NOT accept, and this is one of those things.

If your wife can afford to, do not give her passport to that company, it's illegal and it ties your every move to the company's will


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## Ogri750 (Feb 14, 2008)

* However is also written in the company policy "if the employee fails to give his/her passport back on the agreed date, his/her salary will be retained until passport received by HR department".*

Contrary to the labour law. Ask them to obtain a letter from MOL to say this is acceptable. Bet they don't produce one


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## BedouGirl (Sep 15, 2011)

It would be interesting to know if JAFZA is holding the passports or the company. The company can get permission from JAFZA to hold the passports on behalf of JAFZA.


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## Sunset (Jan 24, 2011)

Kawasutra said:


> Here is the related rule to this topic, from JAFZA.
> 
> *9.6 Passports*9.6.1 Employees of Clients, who are sponsored by Jafza, will have their passports retained by
> Customer Service Department. A Company Employment Card (CEC) will be issued in its
> ...


Again, the above is illegal. A passport is the property of the government that issued the passport, not the holder. It is illegal for another government, or anyone else for that matter, to demand that the holder surrender property of that belongs to another government.

How would someone who is senior staff be less of a security risk that those who are not?? The reason given for her to surrender her passport was for "security purposes". Senior staff has more acccess to company info than the coffee boy.


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## wazza2222 (Sep 7, 2011)

*Thanks*

This is the situation here, her offer states that the company will retain the passport for 'security reasons' 



BedouGirl said:


> It would be interesting to know if JAFZA is holding the passports or the company. The company can get permission from JAFZA to hold the passports on behalf of JAFZA.


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## funkyant (Mar 27, 2010)

It may be illegal, but it's also very common.

Just ask any Emaar employee.


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## PolarBear (Jul 12, 2010)

Tropicana said:


> Its illegal but quite common especially for lower end workers. In effect companies want to micromanage their staff, like dictate when they can take leave as one member said, etc.
> 
> In some neighboring countries its actually customary to ask staff for bribes to release their own passports!
> And over here many companies make their staff write a letter requesting release of their passport specifying why they need it and promising to return it.
> ...


This happened to my wife. She was on my visa, but went onto her company's visa in order to "prove her commitment" (at their request). They held her passport, made insane demands, and because she was on their visa she couldn't quit without penalties. Alarm bells should definitely be ringing when demands like that crop up..


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## elarmali (Sep 21, 2011)

My husband is from Dubai and his father owns a company there. His father only will hire people that need him to sponsor them for a visa. And he will not only hold their passports, but he also demands a copy of their house keys so he can go in their house if they are ever late or absent to see what's going on. Basically he has complete control over his employees. They don't dare call off or do anything to anger him. I think it's wrong, but that's the way it is with many businesses around there.


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## Gavtek (Aug 23, 2009)

If you agree to work for someone like that then you only have yourself to blame. I'd rather quit my job and move back home than let someone take my passport from me.


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## Felixtoo2 (Jan 16, 2009)

So basically your father in law is involved in the modern day slave trade in Dubai, I treat my cat with more respect than that.


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## TallyHo (Aug 21, 2011)

And yet you are seriously contemplating moving to Dubai to live with your husband's father and his family?

I've never heard of any businesses holding on to copies of keys of their employees' residences. I doubt it's the way with "many businesses around there." Employees either live on their own and outside the company's jurisdiction, or they are housed at the expense of the company in an apartment or a labour camp.





elarmali said:


> My husband is from Dubai and his father owns a company there. His father only will hire people that need him to sponsor them for a visa. And he will not only hold their passports, but he also demands a copy of their house keys so he can go in their house if they are ever late or absent to see what's going on. Basically he has complete control over his employees. They don't dare call off or do anything to anger him. I think it's wrong, but that's the way it is with many businesses around there.


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## Mr Rossi (May 16, 2009)

TallyHo said:


> And yet you are seriously contemplating moving to Dubai to live with your husband's father and his family?


Agreed, even for Dubai his behaviour is archaic.


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## CDN2012 (Jun 15, 2011)

elarmali said:


> My husband is from Dubai and his father owns a company there. His father only will hire people that need him to sponsor them for a visa. And he will not only hold their passports, but he also demands a copy of their house keys so he can go in their house if they are ever late or absent to see what's going on. Basically he has complete control over his employees. They don't dare call off or do anything to anger him. I think it's wrong, but that's the way it is with many businesses around there.


All ABOARD!!! The crazy train is departing!!!


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## Tropicana (Apr 29, 2010)

elarmali said:


> My husband is from Dubai and his father owns a company there. His father only will hire people that need him to sponsor them for a visa. And he will not only hold their passports, but he also demands a copy of their house keys so he can go in their house if they are ever late or absent to see what's going on. Basically he has complete control over his employees. They don't dare call off or do anything to anger him. I think it's wrong, but that's the way it is with many businesses around there.


Actually its not they way with most businesses here. Having house keys of employees is excessive and rare even in the Gulf.

Its slavery, so what next, employers demanding that CCTVs be installed in staff's room and bathroom lest he do anything illegal ?


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## Sunset (Jan 24, 2011)

elarmali said:


> My husband is from Dubai and his father owns a company there. His father only will hire people that need him to sponsor them for a visa. And he will not only hold their passports, but he also demands a copy of their house keys so he can go in their house if they are ever late or absent to see what's going on. Basically he has complete control over his employees. They don't dare call off or do anything to anger him. I think it's wrong, but that's the way it is with many businesses around there.


And you are looking forward to living under his roof???  Good luck with that!!!!! Highly doubt he leaves his mistrust and control at the front door when he arrives home.


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## MONAE (Jul 9, 2010)

Wow this is a shocking thread and I can't believe people ask their employees to actually hand over a copy of their house keys.Sickening.Another version of horrible bosses.


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## Jedi Master (Feb 26, 2010)

Ogri750 said:


> Don't give them poxy excuses.
> 
> Tell them straight - "you are not legally allowed to retain my passport. Either return the passport or I will get my embassy/consulate involved".
> 
> All the *****ing around, tell them this or tell them that. Rubbish.


That's the way to go :clap2:


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## Jedi Master (Feb 26, 2010)

MONAE said:


> Wow this is a shocking thread and I can't believe people ask their employees to actually hand over a copy of their house keys.Sickening.Another version of horrible bosses.


Its not that shocking.. I'm working in the government sector and my passport was with them for 6 months, however, I never had any worry as things are very transparent here.. If you need your passport within this first 6 months for reasons like driving license, renting apartment etc. you can apply and get it back temporarily.. After six months, they'll give you back permanently.. This is how the government sector works..


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## MONAE (Jul 9, 2010)

Glorified slaves at best.........


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## dubss (Apr 7, 2011)

When my passport was stamped by my HR department, they called me in to "collect my passport". When I got there, they said they will only give me a photocopy. I was shocked and said "no way, I need my passport today for many things like converting my license, installing internet etc." The HR guy said he needs an email from my manager and I needed to sign a letter stating that I would return my passport at such and such date. I called my manager and said this is totally unacceptable and luckily he was on my side about this. He sent the HR guy an email stating I need my passport for converting my license. And the HR guy returned my passport then asked me to sign a letter but I just got up and walked out. He didn't try and stop me. I haven't heard back from HR (been over 3 months) and if they do ask, I will tell them to get permission from the Canadian Consulate before my passport leaves my hand ever again. 

I would like to believe that my stubbornness and persistence paid off in this situation, but I know that I was just lucky my manager was on my side and the HR guy was too lazy to give a S***. Can't say the same for many others (especially Asians in my company) who believe they had no choice in this matter. 

Many people also justify the withholding of their passports as "no big deal" and as "the company making sure you don't run off with their money" but it is more of a matter of principle and carries a strong message: "they own you".


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## MONAE (Jul 9, 2010)

What you say is so true. Asians as a majority have sizable populations that have been oppressed and have faced crushing poverty ,adversity and lack of opportunities. I guess some do put up with a lot just to ensure their families do not starve.Also they are scared and misled and have no clues as to what human rights are.Its sad that someone in this day and age should choose to take advantage of them. Also after dealing with such people some companies try and pull this on everyone ..Not everyone is like that though.Changing times.


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