A reader from Dubai asks: If there is a criminal case filed by the employer against an employee, does the employer reserve the right to withhold his passport or is the company obligated to surrender the passport to the court. My employer is saying that my passport is in the court and I will get it back when the case is finished. In the event that the employer withholds the passport, can the employee file a case against the employer to ensure that the passport is handed over to the authorities concerned. Also in case if the charges made by the employer is found to be untrue and malicious can the employee file a complaint before the court claiming for damages.
I would like to point out that as per law the sponsor is not entitled to withhold an employer’s passport. As for withholding the passport by the concerned authorities or court to ensure a case filed by the employer against the employee, in such event, the concerned authorities will provide the employee with a certificate that states that his passport is retained with such authority. If it is found that the complaint made against the employee is untrue and malicious, accordingly, the employee is entitled to file a complaint before the public prosecution against the sponsor on the matter of the malicious complaint. Thus, the questioner may also file a case claiming the compensation for damages he suffered as a result of the same.