How to Report Passport Confiscation by Employers in UAE

Passport Confiscation in the UAE is not only a workplace issue – it is an offence against the law. According to UAE Labour Law, your passport is an official government document, which means no employer has the legal right to hold, retain or confiscate your passport in any circumstances. Your travel document can only be lawfully held by authorised government authorities (police/courts). Should your employer be withholding your passport, you have clear, legal options to reclaim it.

This guide explains how to report passport confiscation by employers in the UAE and the process you will go through.

Is Passport Confiscation Legal in the UAE?

Employers holding a UAE passport are not specifically banned in the UAE labour laws. It is a breach of UAE Labor Laws, which might cause some serious legal implications for the employer. However, passport withholding remains a problem for a number of foreign employees in terms of gaining the right to UAE visa and residency, especially if they have a closed work permit.

If you find yourself in this position, you should move fast — as there are potential complications that could arise when dealing with work permit problems in the United Arab Emirates in the event that there is any delay.

Step 1: File a Complaint with MOHRE

You should talk to the government of the UAE’s Ministry of Human Resources and Emiratisation (MOHRE), the organization that deals with workers’ rights in the UAE.

What to do:

  • Please contact the MOHRE Hotline: 800 60 (multiple languages).
  • According to the MOHRE app, complaints regarding labour can be submitted in a formal manner.
  • Keep all records – dates, names, communication with your employer about passport retention rules UAE.

What to expect: 

MOHRE will investigate your matter and will be able to officially instruct your employer to return your passport. The MOHRE complaint process is meant to resolve these differences efficiently, and is the acceptable initial course of action for disputes regarding employment in the Emirates.

Step 2: Escalate to the Police

If MOHRE intervention fails to return your passport, move the case up to law enforcement. Seizing or confiscating of passports within the UAE is an offense. The police have the authority to seize passports under such circumstances.

What to do:

  • Visit the nearest Police Station from your employer’s premises
  • File a complaint with the police.
  • Attach any supporting evidence: employment contract, communication with the employer or MOHRE case reference number.

What to expect: 

Your employer may be called by the police directly, or they may go with you to the business where they will ask for your documents. This is usually the solution to the problem in a short time, as employers are held liable for serious violations of the UAE worker protection laws.

Step 3: Requesting a Court Order

In case the police require additional power to make things work, a court order would be necessary to resolve passport confiscation issues in the UAE.

What to do:

  • Go to a court service centre, e.g. Al Adheed Centre in Dubai.
  • Formalise a petition that spells out the employer holding passport UAE situation.
  • The labour court will consider your case and, if appropriate, make a court order.

What to expect: 

Typically, such Applications are processed in the UAE labour courts within 3 to 5 working days. After the court order is issued, the court will give the police the necessary powers to recover your document, which will ensure that police can act on your behalf when you engage in employment disputes in the UAE.

Step 4: Contact Your Embassy

Even if you have not completed any of the above steps, inform your country’s embassy or consulate in the UAE about the situation.

What to do:

Inform the consular section of your embassy about the confiscation of your passport

Give them details of your employer, your UAE work permit details and any correspondence.

What to expect: 

Expect the Embassy to be able to act on your behalf, officially, via diplomatic means. In the case of an emergency, for example, if you or your workers are on UAE visa rights and have a condition that is tied to a specific employer, consulates also can help with an emergency travel document or a replacement passport to keep you from being stranded.

Key Rights to Remember

  • If your employer says that you can be detained and your passport confiscated, it is unlawful to do so in the UAE.
  • An employer is prohibited from keeping your passport as “security” for a loan, equipment or any other purpose.
  • The UAE Labour Law extends the rights of all workers, including domestic workers and workers on closed work permits.
  • In the UAE, you have the right to file labour complaints without the fear of being fired or deported when complaints are made.

Final Word

Knowing how to report an employer’s confiscation of your passport in the UAE can help you resolve the situation quickly or prevent it from disturbing you. Job rights in UAE are straightforward, and the government provides easy avenues to assist you at every turn – MOHRE, Police, Courts and your Embassy. Do not wait. Start the MOHRE complaint procedure now if your employer is withholding your passport.

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Kritika

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