For many expatriate employees, a passport is more than a travel document. It is an essential form of identification and is often required for immigration, banking and official transactions. This raises an important question: can an employer legally keep an employee’s passport?
The UAE Government states that the confiscation of workers’ passports is prohibited and that employees are entitled to possess their identification documents. An employer may occasionally require the passport for a legitimate administrative purpose, such as completing visa or residency procedures, but it should be returned once the process is completed.
What should an employee do?
An employee whose passport is being withheld should first request its return calmly and in writing. Written communication can help establish a clear record of the request.
The employee should keep copies of:
- The employment contract
- Emirates ID and passport
- Emails or messages concerning the passport
- Any acknowledgement showing that the employer received it
Where the matter cannot be resolved directly, the employee may contact the Ministry of Human Resources and Emiratisation or seek legal advice regarding the appropriate complaint procedure. The correct authority may vary depending on whether the employee works in the mainland, a free zone or another regulated employment jurisdiction.
Why early action matters
Passport retention may affect an employee’s ability to travel, complete government procedures or respond to urgent personal circumstances. Employees should therefore address the issue promptly rather than waiting until they need the document.
Every employment matter depends on its facts. Employees and employers should obtain legal guidance before taking action that could affect the employment relationship.
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