Hospitality companies allowed to retain employee passports

Managements of hospitality companies were given the right to keep the passports of their employees in violation of the federal law, according to a letter issued by the Ministry of Labour and Social Affairs.

The ministry stated in its letter that companies working in the hospitality industry can keep their workers' passports if they so desire.

The federal law and the regulations of the Ministry of Interiors, however, say companies cannot retain workers' passports.

The Dubai Department of Tourism and Commerce Marketing, had earlier instructed hospitality industry firms in October to stop the practice of keeping a guest's passport, and sought the labour ministry's legal opinion regarding seizing passports of workers in hotels, restaurants.

In its letter, the ministry replied: "An employer can keep the passports of its workers for administrative reasons or formalities required by authorities.

"However, an employer may not refuse to release a worker's passport if he or she demands it. An employer must not use a passport to hinder a worker's movement."

Major General Shaikh Saif Bin Zayed Al Nahyan, Undersecretary of the Interior Ministry, has issued a directive to all government departments ordering them to enforce the law unless there is a court order giving them the right to keep a worker's passport.

"A passport is a personal document that proves the identity of the holder, and the laws stipulate that the bearer must keep his or her passport and present it to the authorities when requested," Shaikh Saif said in the circular dated December 25, 2002.

"The only party allowed to hold the passport is the judicial authorities or in cases specified by the law. Therefore, keeping the passport of any resident in the UAE by any other party without a court order is a violation of the law."

Many hospitality workers said the contradictory response by the labour ministry gives their companies justification to continue to keep their passports. "There are now calls to end the illegal practice of passport retention because it can often lead to anxiety and inconvenience for workers," said Mohammad Abdul Hamid, an Egyptian accountant. "Many workers fail to attend to emergencies back home because passports are being retained by employers.

"For workers, passports are important, particularly during disputes with employers. In many cases, passports are used to bring pressure against workers who complain against employers," Abdul Hamid said.

Two Canadian workers said the retaining of their passports by their employers makes them feel that their life is at risk. They intend to ask their embassy to issue new passports so they can leave the country for good.

Hussain Mohammad Hussain, a Dubai-based legal consultant, said: "The UAE laws have no provision that orders workers to hand over their passports to their employers. Moreover, courts have always ruled that passports must be returned to workers.

"However, employers in all sectors continue to hold on to the employees' passports in violation of the law, presenting an anomaly in the system."

Employers argue it is "the norm" and companies and even government departments have traditionally kept workers' passports. The practice also encourages the view that workers are treated as potential criminals.

One businessman, who sought anonymity, said: "It is the convention, and most public and private companies have traditionally retained workers' passports.

Dr Naeem Al Zunfuli, an HR consultant said retaining employees is a major challenge facing companies today. Retaining passports may be used as a way to achieve this.

According to the rule book

• A passport is a personal document that proves the identity of the holder, and the laws stipulate that the bearer must keep his or her passport and present it to the authorities when requested.
• The only party allowed to hold the passport is the judicial authorities or in cases specified by the law.
• Employers argue keeping workers' passports is meant to prevent them from fleeing their jobs or getting away with a crime.