Can Employers Keep Employees' Passports in the UAE? Understanding the Law, Workers' Rights and Legal Remedies

For many expatriates arriving in the UAE, surrendering a passport to an employer is often viewed as a routine part of joining a new company. However, under UAE law, an employer is not permitted to retain or confiscate an employee's passport without consent, and companies cannot hold passports as a condition of employment or until the completion of a contract.

The issue continues to arise, particularly among newly arrived workers who may be unfamiliar with the country's labour regulations. Labour authorities have repeatedly emphasised that a passport remains a personal identification document belonging to its holder, and employers cannot use it as security against employment obligations, debts or contractual commitments.

The legal position is clearly reflected in Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations. Article 13 states that an employer must not withhold a worker's official documents or force the worker to leave the UAE upon the termination of the employment relationship. The provision forms part of a broader framework designed to protect workers' rights and regulate employer-employee relations across the private sector.

The UAE government's position has remained consistent on the matter. Authorities have repeatedly clarified that confiscating a worker's passport is unlawful and that employees do not require their employer's permission to travel or leave the country. The principle is intended to safeguard workers' freedom of movement and prevent employers from exercising undue control over employees through possession of their travel documents.

There are, however, limited circumstances in which an employer may temporarily take possession of a passport for legitimate administrative purposes. These include visa applications, visa renewals, work permit issuance and work permit renewal procedures. In such situations, the passport may be required for official processing with the relevant authorities.

Even in these cases, the employer's possession of the passport must remain temporary. Once the administrative procedure has been completed, the passport should be returned to the employee without delay. The law does not permit employers to retain passports indefinitely or use them to prevent employees from resigning, changing jobs or leaving the UAE.

Workers whose passports are being withheld have the right to seek their return and pursue available legal remedies. The first step is generally to make a formal request to the employer, preferably in writing, so that there is a record of the request and any response received.

If the employer refuses to return the passport, the employee may file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE), which oversees labour relations in the UAE's private sector. MoHRE can review the complaint, attempt to resolve the dispute and take appropriate action where labour law violations are identified.

Employees may also seek assistance from their embassy or consulate, particularly if the passport has been lost, damaged or its location is unknown. Diplomatic missions can provide guidance and support in obtaining replacement travel documents or addressing related concerns.

The UAE offers several channels through which workers can submit labour-related complaints. Complaints may be lodged through MOHRE's website, mobile application, call centres and labour dispute resolution services. Workers may also seek urgent judicial remedies through the courts where circumstances warrant immediate intervention.

Before initiating a complaint, employees should ensure they have supporting documentation, including their labour contract and any records demonstrating attempts to recover the passport. Written correspondence, messages and other evidence may assist authorities in assessing the complaint.

Workers employed in Dubai and holding residence visas issued by the emirate may also access additional reporting channels, including services available through Dubai Police for employment-related grievances involving wages, workplace conditions and other labour concerns.

The UAE's labour framework is designed to balance legitimate administrative requirements with the protection of workers' rights. While employers may temporarily hold passports for official processing, the law does not allow them to retain those documents beyond the purpose for which they were provided. Employees who believe their passports are being unlawfully withheld are entitled to request their return and seek assistance from labour authorities, diplomatic missions and other relevant institutions.

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