Legality of Passport Retention by Employers under UAE Labour Law

A comprehensive legal analysis of the regulations governing the possession of employee identification documents by employers in the UAE.

The Legal Status of Passport Possession

Under UAE Law, specifically circulars issued by the Ministry of Interior and the Ministry of Human Resources and Emiratisation (MoHRE), the retention of an employee's passport by an employer is strictly prohibited. A passport is a personal document issued by a sovereign state to its citizen, and the holder is the only person entitled to its custody. Circular No. 267 of 2002 explicitly states that it is unlawful for any person to withhold a passport except by a judicial order.

Employer Obligations and Employee Rights

Employers often cite 'security' or 'safekeeping' as reasons for holding passports; however, these justifications hold no legal weight. If an employer refuses to return a passport upon request, the employee has the right to file a complaint with the MoHRE or the local police. The courts in the UAE have consistently ruled that such retention constitutes an infringement on the individual's freedom of movement.

Exceptions and Legal Recourse

The only legal grounds for a third party to hold a passport are through a court order or an order from the Public Prosecution in connection with an ongoing investigation. In the event of illegal retention, employees can seek an urgent motion in the Labour Court to compel the immediate release of the document. Penalties for employers who violate these regulations can include significant fines and administrative sanctions.

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