An employee’s passport is an important personal and official document. In the UAE, questions may arise regarding whether an employer is legally permitted to keep an employee’s passport during the employment relationship or after the employment has ended.
The UAE’s employment framework protects an employee’s right to retain possession of their passport. The official UAE Government guidance confirms that the confiscation of workers’ passports is prohibited, while the Ministry of Human Resources and Emiratisation (MOHRE) states that a passport is a personal right of the employee and may not be seized.
1. Can an Employer Keep an Employee’s Passport?
Generally, an employer should not retain or confiscate an employee’s passport against the employee’s wishes.
A passport remains the personal property and official identification document of the employee. The fact that an employer has sponsored the employee’s residence visa or work permit does not, by itself, give the employer ownership or control over the employee’s passport.
The UAE Government has specifically identified the right of workers to retain their identification documents and has stated that the confiscation of workers’ passports is prohibited.
2. Does the Employer Need the Passport for Visa or Employment Procedures?
An employer may require access to a passport for legitimate administrative or immigration procedures, such as processing a residence visa or completing other official formalities.
However, this does not mean that the employer acquires a permanent right to retain the passport.
The passport may be provided when required for an official procedure and should ordinarily be returned to the employee once the relevant process has been completed.
Employers should therefore distinguish between temporarily requiring a passport for a legitimate administrative purpose and retaining the employee’s passport as a matter of control.
3. Can an Employee Refuse to Hand Over the Passport?
An employee may be required to provide passport information or a copy of the passport for legitimate employment, immigration, or administrative procedures.
However, this is different from permanently surrendering possession of the original passport.
The employee's passport remains an important personal document, and the UAE Government guidance confirms that employees are entitled to possession of their passports.
4. What If the Employer Refuses to Return the Passport?
If an employer refuses to return an employee's passport, the employee may consider taking formal steps to address the matter.
MOHRE's guidance specifically indicates that where an employer seizes an employee's passport or official documents, the employee may file a labour complaint and may also submit a petition to the competent judicial authorities, depending on the circumstances.
The appropriate procedure may depend on the employee's employment status, the reason given by the employer for retaining the passport, and whether any related employment or legal dispute exists.
5. Can the Employer Keep the Passport Because of a Debt or Employment Dispute?
An employer should not assume that a disagreement concerning salary, end-of-service benefits, company property, notice periods, or other employment matters automatically gives it the right to retain an employee's passport.
Employment disputes should generally be addressed through the applicable legal and labour dispute procedures rather than by withholding an employee's personal identification document.
For example, if an employer claims that an employee owes money or has caused financial loss, the employer may need to pursue the appropriate legal remedy rather than simply retaining the employee's passport.
The specific circumstances should be reviewed before determining what legal steps are available.
6. Can an Employer Keep the Passport After Employment Ends?
The end of an employment relationship does not, by itself, give the employer a right to retain the employee's passport.
An employee's passport remains their personal document, and the employer should not use possession of the passport as a means of preventing the employee from leaving the UAE, changing employment, or exercising other lawful rights.
The UAE Government also confirms that an employer may not confiscate a worker's passport and that workers do not require their employer's permission to leave the country.
7. What Should an Employee Do If the Passport Is Being Withheld?
An employee whose passport is being retained against their wishes should consider taking the following steps:
• Request the return of the original passport in writing;
• Keep copies of relevant correspondence with the employer;
• Record when and why the passport was handed over;
• Request confirmation of the reason for its retention;
• Keep copies of the employment contract and relevant employment records; and
• Consider raising the matter with MOHRE or the competent authorities where appropriate.
The employee should avoid taking unnecessary action that could escalate the situation without first understanding the available legal procedures.
8. What Documents May Be Relevant to a Passport Retention Dispute?
Depending on the circumstances, an employee may wish to keep copies of:
• Employment contract;
• Emirates ID;
• Passport copy;
• Work permit or employment records;
• Residence visa records;
• Written communication with the employer;
• Emails or messages concerning the passport;
• Resignation or termination documents, where applicable; and
• Any correspondence concerning an employment or financial dispute.
These documents may assist in establishing the circumstances under which the passport was provided and the reason for its continued retention.
9. Can the Employee File a Labour Complaint?
Yes. Where an employer has retained an employee's passport or official documents, the employee may consider filing a labour complaint with MOHRE.
The appropriate process may depend on the nature of the employment relationship and the circumstances surrounding the retention of the passport.
MOHRE guidance confirms that an employee may file a labour complaint where an employer seizes the employee's passport or official documents.
Where necessary, further proceedings before the competent judicial authorities may also be available.
10. Does Passport Retention Affect an Employee’s Ability to Leave the UAE?
An employer's possession of an employee's passport does not create a general legal right to prevent the employee from leaving the UAE.
The UAE Government has expressly stated that workers do not require their employer's permission to leave the country and that confiscation of workers' passports is prohibited.
However, separate legal restrictions may exist in particular circumstances, such as a valid travel ban or an order issued by a competent authority. Such matters should be assessed separately from the employer's retention of the passport.
11. Can a Lawyer Assist With a Passport Retention Matter?
Yes. Legal assistance may be appropriate where an employer refuses to return an employee's passport or where passport retention is connected with a wider employment dispute.
A lawyer may assist with:
• Reviewing the employment relationship and relevant documents;
• Assessing the circumstances surrounding the passport retention;
• Advising on the employee's available legal options;
• Preparing appropriate correspondence to the employer;
• Assisting with a labour complaint where applicable; and
• Representing the employee in further proceedings before the competent authorities or courts, where necessary.
The appropriate course of action will depend on the facts of the individual case.
Key Takeaway
An employer generally does not have the right to confiscate or retain an employee's passport against the employee's wishes.
The UAE Government confirms that confiscation of workers' passports is prohibited, and MOHRE guidance recognizes the passport as a personal right of the employee.
While an employer may need access to passport information or the original document for legitimate administrative or immigration procedures, this should not be treated as a general right to permanently retain the employee's passport.
Where an employer refuses to return a passport, the employee may consider raising the matter through the appropriate labour or judicial channels, depending on the circumstances.
Conclusion
Passport retention can become a serious issue where an employee is prevented from maintaining possession of their personal identification document. UAE employment regulations provide protections concerning an employee's possession of their passport and provide avenues for addressing situations where an employer improperly retains it.
If your employer is refusing to return your passport or is retaining it in connection with an employment dispute, obtaining professional legal advice can help you understand your rights, assess the circumstances, and determine the appropriate procedure for seeking its return.
