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In the United Arab Emirates (UAE), passport custody is a topic that often raises concerns and questions among expatriates and employers. Understanding the legalities surrounding passport custody can help you navigate this complex issue and ensure you are compliant with UAE laws.

What Is Passport Custody?

Passport custody refers to the practice of holding an individual’s passport by a third party, often an employer, as a form of security. This practice is prevalent in many countries, including the UAE, where employers might hold onto employees' passports for various reasons such as ensuring that the employee does not abscond or as a form of collateral against potential financial liabilities.

Legal Framework in the UAE

In the UAE, the legal framework concerning passport custody is quite clear. According to UAE law, specifically the UAE Federal Law No. 6 of 1973 on Immigration and Residence, as well as subsequent regulations, an individual's passport is considered personal property. Therefore, no entity, including employers, has the legal right to retain an employee's passport without their consent.

Ministry of Human Resources and Emiratisation (MOHRE) Stance

The Ministry of Human Resources and Emiratisation (MOHRE) has explicitly stated that retaining an employee’s passport without their consent is illegal. The ministry's guidelines emphasize that employers must return passports to employees after completing visa procedures. This position reinforces the principle that a passport is a personal document and should remain in the custody of its owner.

Consequences for Employers

Employers who illegally retain passports face significant legal consequences, including fines and penalties. This illegal practice can lead to employer sanctions, impacting their business operations and reputation. The UAE government takes violations seriously and encourages employees to report any misuse.

Potential Risks and Scams

The illegal retention of passports can sometimes be associated with scams and exploitation. Employees should be vigilant and aware of their rights. If an employer demands to keep your passport, it is advisable to understand your legal rights and seek guidance from a legal professional or the relevant authorities. Holding onto passports can sometimes be a red flag for more severe labor violations, including human trafficking and forced labor.

Coercion and Duress

Employers might attempt to coerce employees into surrendering their passports by threatening termination or non-hire, or by claiming that it is standard practice. Even if an employee hands over their passport willingly, doing so under duress is not legally valid. Coercion undermines the voluntary nature of consent, making the act of holding the passport illegal.

Steps to Take If Your Passport Is Retained

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1. Request the Return: Politely request the return of your passport from your employer, citing UAE law and MOHRE guidelines.
2. File a Complaint: If your request is denied, file a complaint with MOHRE. The ministry provides channels for employees to report violations and seek resolution. You can file a complaint here.
3. Seek Legal Assistance: Consult with a legal expert specializing in UAE labor law to explore further actions and protect your rights.

Conclusion

Passport custody in the UAE is a clear legal matter: employers do not have the right to retain an employee's passport without consent. While the practice persists in some sectors, it is essential to know your rights and take appropriate actions if faced with such a situation. Always seek legal advice and report any violations to ensure your rights are protected and upheld.

If you have further questions or need legal assistance regarding passport custody or other labor-related issues in the UAE, contact us at Fawzia Mohd Law. Our team of experienced legal professionals is here to guide you through the complexities of UAE labor law and safeguard your interests.

Take Action

If your passport has been taken by your employer or if you are being asked to surrender it under duress, contact us now! It is crucial to act immediately. Our team at Fawzia Mohd Law offers expert legal advice and swift assistance to expatriates facing such issues. Protect yourself from illegal practices and ensure your rights are upheld.

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Ensure your compliance with UAE laws and protect your personal rights by seeking expert legal counsel today.

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