Ask Gulf News: Is it legal for a company to hold employees’ passports in the UAE?

Question: Is it legal for a company to keep its employees' passports? According to the law, when do employees become entitled to receive their full salary as annual leave?

 Answer: It is not legal for a company to keep its employees' passports, according to Article 13/2 of the Labor Law, which states: “The employer shall comply with the following: 2- Not withholding the official documents of the worker or forcing him to leave the State at the end of the employment relationship.”

Employees became entitled to receive their full salary as annual leave from February 2, 2022, which is the date Federal Decree-Law No. (33) of 2021 came into force. Article 74, regarding the publication and enforcement of the Decree-Law, states: “This Decree-Law shall be published in the Official Gazette and shall be enforced as of February 2, 2022.”

At the same time, Federal Decree-Law No. (33) of 2021 abrogated Federal Law No. (8) of 1980. Article 73, concerning abrogation, mentions:

1. Federal Law No. (8) of 1980 regulating employment relationships shall be abrogated.

2. Each provision that violates or contradicts the provisions hereof shall be abrogated.