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Discuss this article (43 Comments)Arabtec chief defends passport retention policy
by This email address is being protected from spam bots, you need Javascript enabled to view it on Thursday, 09 April 2009
POLICY DEFENCE: Arabtec CEO Riad Kamal has defended the company's policy of holding on to passports of construction labourers.
Arabtec Holding chief executive Riad Kamal has defended his construction firm’s practice of holding the passports of foreign construction workers.
The retention of the passports did not mean the labourers were being forced to work, said Kamal, who is also chairman of Arabtec Construction, a subsidiary of Arabtec Holding and one of the largest construction firms in the UAE.
He said the passports were retained for workers own security and they were able to regain them whenever they wished.
“This is not a question of jail,” he said. “Nobody forces any of the men to work.”
“The issue of keeping the passports is an issue that is important for us,” he said.
“It is better for us to have the passports from a security point of view. If a labourer wants to leave, he can leave any day he wants.”
The UAE's Ministry of Interior has previously issued instructions warning employers not to hold the passports of employees for any reason.
Concerns were expressed about the practice of construction companies retaining the passports of foreign workers in an article in the UK’s Independent newspaper this week.
Michael Grose, partner in Clyde and Co , a construction law firm in Dubai, said the practice of companies holding the passports of workers was not illegal if employees had given their consent.
“If the passport holder consents to their employer holding a passport there is nothing under local law that makes it an offence,” he said.
“If the passport is taken from the holder forcefully or against their consent that would be an issue for the government that issued the passport.”
The UAE is signed up to the International Labour Organisation's (ILO) Convention on the Abolition of Forced Labour, under which the retention of workers’ passports is a violation of the agreement.
Grose said the UAE government had a responsibility to uphold the terms of the convention.
“If the UAE approved of the practice of holding passports that would put the UAE in breach but it does not apply to individual companies.
“The UAE does have a duty to uphold the terms of the convention,” he said.
No one was immediately available to comment from either the Ministry of Labour or the Ministry of Interior.
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READERS' COMMENTS
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Employer Retention of worker Passport
Posted by Dr. Meshail Hayes, Dammam, KSA on Sunday 25 October 2009 at 04:46 UAE time
Agreeing or consenting to the comments on the subject of passport retention are simply points of view. But let face facts the law is the law. Laws are made to govern. Would you give your employer the deeds to you home, car, or access to your bank account, credit cards,etc... Of course not, simply because these items are your personal property. And so is a passport. This is an individual document, paid for by the holder of the passport. When you pay or buy anything it belongs to you. Realisticly, retaining one's passport for any reason other than unlawful acts is a crime. The holding of a worker passport is mass punishment. Many reasons are being given for this practice, however none of the reasons are based on best evident or any statistical data . They (the employer) rely on what might happen, rather than what did happen. No employer has the right to dicate (consent or not) the handling of anyones property. If one should decide to leave their employment, that is their right and personal debts not paid is responsibility of collection companies or agencies; not the employer. So where is the legal justification for continuing this practice.
Posted by Dr. Meshail Hayes, Dammam, KSA on Sunday 25 October 2009 at 04:46 UAE time
Agreeing or consenting to the comments on the subject of passport retention are simply points of view. But let face facts the law is the law. Laws are made to govern. Would you give your employer the deeds to you home, car, or access to your bank account, credit cards,etc... Of course not, simply because these items are your personal property. And so is a passport. This is an individual document, paid for by the holder of the passport. When you pay or buy anything it belongs to you. Realisticly, retaining one's passport for any reason other than unlawful acts is a crime. The holding of a worker passport is mass punishment. Many reasons are being given for this practice, however none of the reasons are based on best evident or any statistical data . They (the employer) rely on what might happen, rather than what did happen. No employer has the right to dicate (consent or not) the handling of anyones property. If one should decide to leave their employment, that is their right and personal debts not paid is responsibility of collection companies or agencies; not the employer. So where is the legal justification for continuing this practice.
Passport Retention
Posted by Barry, Dubai, UAE on Monday 20 April 2009 at 15:42 UAE time
Passport retention is not a procedure designed to help the employee. The retention is not a voluntary action on behalf of the employee. It is a mandatory requirement of the employer.
It provides the employer with a level of control over an employees ability to abscond.
This common practice is unethical. An employer has no right to withhold a passport. This is a right limited to police and immigration authorities.
It is high time that legislation is passed to protect the passport holders rights.
The risks of employment lie firmly with the employer. Mass exodus of a workforce is unlikely if workers are treated fairly. Individuals may disappear despite being under contract, but this does not give an employer any right to retain passports.
If an employee absconds from his work while under contract, it should be sufficient to inform police/immigration/labor dept. who would be able to take necessary action. ie. preventing re-entry to the country, canceling work permit and/or residence visas.If the person has not left the country, there are other courses of action that can be taken by the authorities.
Every employee should have the right to leave his job if he/she is not happy. Although employers often bear the cost of the flights/visas involved in importing employees, they should do so at their own risk, or find another (legal) solution to minimize the risk of an employee absconding.
Posted by Barry, Dubai, UAE on Monday 20 April 2009 at 15:42 UAE time
Passport retention is not a procedure designed to help the employee. The retention is not a voluntary action on behalf of the employee. It is a mandatory requirement of the employer.
It provides the employer with a level of control over an employees ability to abscond.
This common practice is unethical. An employer has no right to withhold a passport. This is a right limited to police and immigration authorities.
It is high time that legislation is passed to protect the passport holders rights.
The risks of employment lie firmly with the employer. Mass exodus of a workforce is unlikely if workers are treated fairly. Individuals may disappear despite being under contract, but this does not give an employer any right to retain passports.
If an employee absconds from his work while under contract, it should be sufficient to inform police/immigration/labor dept. who would be able to take necessary action. ie. preventing re-entry to the country, canceling work permit and/or residence visas.If the person has not left the country, there are other courses of action that can be taken by the authorities.
Every employee should have the right to leave his job if he/she is not happy. Although employers often bear the cost of the flights/visas involved in importing employees, they should do so at their own risk, or find another (legal) solution to minimize the risk of an employee absconding.
HOLDING PP OF WORKERS WHO WILL BENIFIT???
Posted by Ameera, Sharjah, UAE on Saturday 18 April 2009 at 18:39 UAE time
It's real Dubai have rule with retaining passport of worker but I dont think so very very few company are following this one...
For the reasons of? Lack of trust with their workers, well they have enough reasons... Those companies does't know the people they are hiring... Mostly theses people who's working in a mconstruction business doesn't even know how to speak basic ENglish and it's too late for them they already spend money processing for their papers so NO CHOICE but to accept them even they r not capable with the job.
On the other hand... it's a real protectionfor the company I don't agree for the fact that my employer would keep my passport but I need to trust them or else there are other way...GO BACK TO YOUR COUNTRY.. let us not be hypocrite y r we here? to work and earn good for our family whatever the way they wanted to treat us we have only 2 choice stay or leave...
it's real fact here in UAE sad to know... so anyone who have compains the doors are open i think better to say flight going back to ur home country... are wide open... there u can complain whatever u want...
Posted by Ameera, Sharjah, UAE on Saturday 18 April 2009 at 18:39 UAE time
It's real Dubai have rule with retaining passport of worker but I dont think so very very few company are following this one...
For the reasons of? Lack of trust with their workers, well they have enough reasons... Those companies does't know the people they are hiring... Mostly theses people who's working in a mconstruction business doesn't even know how to speak basic ENglish and it's too late for them they already spend money processing for their papers so NO CHOICE but to accept them even they r not capable with the job.
On the other hand... it's a real protectionfor the company I don't agree for the fact that my employer would keep my passport but I need to trust them or else there are other way...GO BACK TO YOUR COUNTRY.. let us not be hypocrite y r we here? to work and earn good for our family whatever the way they wanted to treat us we have only 2 choice stay or leave...
it's real fact here in UAE sad to know... so anyone who have compains the doors are open i think better to say flight going back to ur home country... are wide open... there u can complain whatever u want...
modern day slavery
Posted by gamby on Wednesday 15 April 2009 at 02:21 UAE time
whatever is the the employer's reason for retaining passports it is still consider as an slavery act. why are they afraid of? if they treat their employees with all humane they won't think of anything else.
Posted by gamby on Wednesday 15 April 2009 at 02:21 UAE time
whatever is the the employer's reason for retaining passports it is still consider as an slavery act. why are they afraid of? if they treat their employees with all humane they won't think of anything else.
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