Company refuses to hand over passport after staffer resigns

Caught in a dilemma that could affect any expatriate worker in the UAE, a 26-year-old man has related how he has faced endless barriers while attempting to reclaim his passport from a previous employer.

Jihad Al Hajjar, a freight administrator, initially received a promise from his bosses that he was free to change jobs, but a flaw in the legal system means he is finding it almost impossible to get his passport back.

He wants to get on with his life - but is determined to first win his battle to get his passport. Managers at the company changed their minds as soon as they discovered he was joining a competitor.

The Syrian has lodged several complaints and has gone from one government department to another, but all say the issue is outside their remit.

Fed up, Jihad has lodged a complaint with the Human Rights Bureau of Dubai Police and hopes their intervention will get his passport released and his employment visa transferred.

He said: "My company said they would only return my passport when I am just about to get on a plane at the airport. I am virtually powerless and the government offices seem unable to help even though they know it is unjust."

Jihad said it was important to solve the problem since it could happen to any expat worker. "Some authorities say they don't have the legislation to back up their own sentiments, whereas others are reluctant to act," he said.

The Ministry of Interior recently joined the Federal Supreme Court in rejecting the impounding of passports by any party other than courts and has called for an end to the practice which violates federal law.

Maj Gen Sheikh Saif bin Zayed Al Nahyan, the ministry's Undersecretary, said a passport is a personal document which must always be with its holder and submitted to the competent authorities on request.

Sheikh Saif also ordered all competent authorities to instruct relevant parties in the UAE to take action against anyone who impounds or seizes the passport of another person no matter what the reasons and justifications are.

Such missives notwithstanding, Jihad said, when his company came to know that he was joining a competitor, they simply refused to release his passport. When Jihad approached the Labour Ministry, he was told his labour card was cancelled and he should go to Residency Department.

There he found his visa was cancelled with a six month ban. "How can I get a ban while I have No Objection Letter from the original employer and an appointment letter from another?" Jihad inquired. Officials pleaded helplessness and directed him to the police.

Jihad went to a police station where the officer on duty told him: "Your problem is not in our jurisdiction. Anyway, if I were your employer I would not return your passport."

A superior officer listened Jihad out and said police have no authority to order the employer to return his passport. He, nevertheless, instructed the employer to return the passport.

A representative turned up at the station and challenged the officer to bear responsibility for releasing Jihad's passport. The officer declined to get involved.

Jihad was told to approach another police station which has jurisdiction over the case. After the same scenario was repeated, police sought the advice of Residency Department's prosecutor, who said: "The original employer is not entitled to demand the ban because the worker is joining a job different from the earlier one."

Despite the prosecutor's verdict, Jihad's employer insists that his passport and end of service benefits will be handed over only at the airport. It also wants him to leave in a couple of days, though Jihad has the right to stay back for another three weeks.

Jihas is determined to win his battle, resorting to the Human Rights Department of the Dubai Police. But will he win?

How the issue spiralled into a stand-off
* Freight administrator Jihad Al Hajjar (picture left) resigns in October. A top company official issues a memo to settle his dues and transfer his visa. A No-Objection Letter is also issued by the firm.

* Jihad gets an appointment letter from another firm. His first company comes to know that Jihad was joining a competitor and refuses to release his passport.

* Jihad approaches the Labour Ministry, which say the labour card was cancelled and that he should go to the Residency Department.

* The Residency Department tells Jihad that his visa has also been cancelled with a six month ban. Officials plead helplessness on securing the release of his passport.

* Jihad goes to a police station where he is told the police have no authority to order an employer to return passport. A representative of the employer turns up at the station, heeding a police request, who challenges the officers to take responsibility for consequences of releasing Jihad's passport. Police decline to step in.

* The case is referred to the Residency Department's prosecutor, who says that the employer is not entitled to demand the ban since Jihad is joining a job different from the previous one.

* The company still insists that Jihad's passport and his benefits will only be handed over at the airport when he leaves the country.