UAE Employee Rights: What to Do If Your Employer Refuses to Return Your Passport
Understanding Passport Retention Laws in the UAE
For thousands of expatriates moving to the UAE for employment opportunities, handing over a passport during the joining process may seem normal. However, many workers are unaware that UAE law provides strong protection against employers retaining employee passports without permission.
While some companies request passports for visa-related procedures, keeping an employee’s passport as a condition of employment is generally prohibited. Understanding these rights is essential for every worker in the UAE, especially those who are new to the country’s labour system.
Can an Employer Legally Keep Your Passport in the UAE?
According to UAE labour regulations, employers are not allowed to confiscate or permanently retain an employee’s passport.
Legal experts point to Article 13 of Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, which clearly prohibits employers from withholding a worker’s official documents or preventing them from leaving the country after the employment relationship ends.
The UAE government has consistently maintained that passport confiscation is unlawful. Employees are also free to travel and leave the UAE without requiring permission from their employer.
Why Some Employers Keep Passports
Despite clear legal protections, some employers continue to hold passports, particularly when dealing with newly arrived foreign workers who may not be familiar with local employment laws.
In some cases, companies claim that passport retention is an internal company policy or a security measure until a contract is completed. However, company policies cannot override UAE labour laws.
Situations Where an Employer May Temporarily Hold a Passport
There are limited circumstances in which an employer may legitimately request possession of an employee’s passport. These situations are generally related to administrative or government procedures, including:
- Employment visa applications
- Visa renewals
- Work permit issuance
- Work permit renewals
- Residency documentation processing
Even in these cases, the passport should only be held for the duration necessary to complete the required procedures.
Once the administrative process is finished, the employer must promptly return the passport to the employee.
Employers Cannot Use Passports as Security
A passport cannot legally be retained as
- Security for loans or debts
- Protection against employee resignation
- A guarantee that a worker will complete a contract
- A method to prevent employees from changing jobs
- A tool to restrict travel
Even if an employee voluntarily provides the passport for official processing, the employer does not gain ownership or indefinite control over the document.
What Are Your Rights If Your Passport Is Being Withheld?
Workers whose passports are being unlawfully retained have the right to demand their return and seek assistance from the relevant authorities.
Employees should not feel pressured into accepting passport confiscation simply because it has been described as company policy.
Steps to Recover Your Passport from an Employer
1. Make a Written Request
The first step is to formally ask for the passport to be returned.
Submitting the request in writing is recommended because it creates evidence of both the employee’s request and the employer’s response. This documentation can be useful if the matter later becomes the subject of a formal complaint.
2. File a Complaint with MOHRE
If the employer refuses to return the passport, employees can lodge a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
MOHRE oversees labour relations in the UAE private sector and has the authority to investigate labour law violations, mediate disputes, and take appropriate action when employers fail to comply with legal requirements.
3. Contact Your Embassy or Consulate
Employees may also seek assistance from their country’s embassy or consulate in the UAE.
Embassies can provide guidance, particularly when:
- A passport has been lost
- The passport has been damaged
- The employee cannot determine the passport’s location
- Additional diplomatic assistance is required
How to File a Labour Complaint in the UAE
Workers can submit complaints through several official channels.
MOHRE Website and Mobile Application
Private-sector employees and domestic workers can register labour complaints online through MOHRE’s digital services.
MOHRE Call Centre
Employees can contact MOHRE’s customer support line for assistance with employment disputes and labour-related issues.
Labour Claims and Advisory Services
Workers experiencing workplace grievances or legal concerns may seek guidance through MOHRE’s labour advisory services.
Dubai Police Application
Employees holding Dubai residence visas may also report issues involving wages, workplace conditions, health concerns, and safety violations through the Dubai Police application.
Documents Needed Before Filing a Complaint
Before initiating a complaint, workers should gather relevant documents, including:
| Required Document | Purpose |
|---|---|
| Labour Contract | Proof of employment |
| Passport Copy | Identity verification |
| Emirates ID | Employee identification |
| Written Communication | Evidence of passport requests |
| Employment Records | Supporting documentation |
Having these documents ready can help speed up the complaint resolution process.
Key Takeaway: Know Your Passport Rights in the UAE
UAE labour law strongly protects employees against unlawful passport retention. While employers may temporarily hold passports for legitimate administrative procedures such as visa processing, they must return the document once the process is completed.
No company can legally keep an employee’s passport until a contract ends, use it as security, or prevent a worker from leaving employment.
Employees who face passport confiscation should act promptly by requesting the document’s return, filing a complaint with MOHRE if necessary, and seeking assistance from their embassy or consulate.
Being informed about your legal rights is one of the most effective ways to protect yourself and ensure fair treatment in the UAE workplace.
Quick Summary: Employee Passport Rights in the UAE
| Issue | Legal Position in UAE |
|---|---|
| Employer permanently keeping passport | Not allowed |
| Passport held for visa processing | Allowed temporarily |
| Using passport as security | Not allowed |
| Preventing employee travel | Not allowed |
| Right to complain to MOHRE | Yes |
| Embassy assistance available | Yes |
