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Passport is being withheld
My brother works for a Dubai company. He terminated his contract with the company and they asked him to pay Dh2,000 for his labour visa and only after that will he get his passport.
- Gulf News report
- Published: 15:08 October 31, 2007
Passport is being withheld
A reader in Dubai asks: My brother works for a Dubai company. He terminated his contract with the company and they asked him to pay Dh2,000 for his labour visa and only after that will he get his passport. His visa and his contract with the company will expire anyway in September, this year. Does he have to pay that amount to get his passport back from the company? If he has to pay the money is it for the visa or because he terminated his contract with the company before its expiry date?
The questioner does not mention the type of labour contract, whether it is for a limited or unlimited period and he also does not specify the period of service. So, if the labour contract is for a limited period and terminated by the employee before its expiry date, then the employee should compensate his employer for any damage arising from that act. However, if the labour contract is for an unlimited period, then the questioner shall not be liable to compensate the employer, and moreover the amount requested by the company for visa expenses are not legal or justified by any means, as those expenses, as per the Labour Law, shall be incurred by the employer only. In addition, the act of retaining the employee's passport is not legal and the employer should hand over the passport to the employee.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants
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