UAE: Employers Caught Holding Passports Face Fines & Jail

Many employees in the UAE are still unaware that employers holding staff passports is a serious legal violation. It carries significant penalties including fines, imprisonment, and operational sanctions. The UAE labour law provides clear protections for employees to reclaim their rights.

Passport Retention Is Illegal Under UAE Labour Law

UAE labour legislation strictly prohibits employers from retaining employees’ passports or other official documents. The law protects an individual’s freedom of movement and explicitly bars companies from withholding passports as a condition of employment, security, or contract completion. This applies regardless of internal company policy or informal practices.

Severe Penalties for Employers

Employers found retaining passports may face fines of up to AED 20,000 per document, potential blacklisting, suspension of visa services. In serious cases involving coercion or forced labour, criminal liability including imprisonment. Authorities treat passport confiscation as a serious offence due to its direct impact on personal liberty.

Consent Does Not Remove Employer Liability

Even where an employee appears to “consent” to handing over a passport, such consent does not automatically legalise the practice. Temporary retention may only be justified for specific administrative purposes, such as visa processing, must be supported by written approval, strictly time-limited, and followed by prompt return of the passport. Unjustified retention beyond a few days can still constitute a breach.

Employee Rights and Legal Remedies

Employees have the right to formally demand the immediate return of their passport. If the employer fails to comply, a complaint may be filed with the Ministry of Human Resources and Emiratisation. Continued non-compliance can allow the employee to terminate employment without notice or penalty, and any retaliation by the employer is itself unlawful.

Alignment With Constitutional and International Standards

The current legal framework reflects the UAE’s commitment to constitutional protections and international labour standards prohibiting forced labour. Passport retention is viewed not as an administrative issue but as a potential human rights violation when used to restrict movement or exert control over employees.

What to Do If a Passport Is Lost or Withheld

If a passport is lost while in the employer’s possession, employees should immediately file a police report, notify their embassy for replacement documentation, and pursue the employer through official labour channels. Employers may remain legally responsible for losses resulting from unlawful retention.

Conclusion

Passport retention is not a minor workplace practice but a clear legal breach with serious consequences in the UAE. Both employers and employees must understand their obligations and rights to avoid exposure to fines, disputes, and criminal liability.

For businesses seeking guidance, Al Kabban & Associates, with over 30 years of experience in UAE law and recognition by Legal 500, stands ready to help corporations build resilience against cyber risks while ensuring compliance with local and international standards. For more information or to schedule a consultation, contact us at +971 4 453 9090 or visit www.alkabban.com. You can also follow us on social media for more updates on everything law related in the UAE: @Alkabban_Law

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