Arabtec chief defends passport retention policy

Posted by: Dr. Meshail Hayes Sunday, 25 October 2009 4:46 AM[UAE] - KSA

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: Joemel Thursday, 6 January 2011 11:00 AM[UAE] - Philippines

i can't agree more to this comment. I myself is a victim of an employer holding my passport, and they will always have a way out of it because i signed an agreement that they ill keep my passport for safekeeping. However, the time that i need it back for personal reasons, i have to schedule it with the HR. And i even have to complete a "Passport Barrow Form", crazy right? Which means that i don't have the full access of my own property... Thus, the agreement i signed with my company will not justify the fact that they are taking control of my property which in any law i guess is illegal.

Posted by: Barry Monday, 20 April 2009 3:42 PM[UAE] - UAE

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: Ameera Saturday, 18 April 2009 6:39 PM[UAE] - UAE

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: gamby Wednesday, 15 April 2009 2:21 AM[UAE]

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: Maroun Monday, 13 April 2009 3:02 PM[UAE]

I completely agree with Mr. Riad Kamal.If the employers do not protect their security by holding the employees passport then , the employees could leave at any time probably leaving the company in debt, or being acused of any criminal act and as you know the company can not cancel the employee's visa unless the employee signs he has recieved all his dues. I wonder if the government thought of how they can protect the company from such acts by their employees.