Is It Legal for My Employer to Demand Copies of All Non-Blank Passport Pages in India?

By Indian employment law, can my employer demand copies of all non-blank pages of my passport? I have already shared all the relevant information, yet my employer is still insisting on the copies. Personally, I have paid for my passport applications and received no help (either financial or professional service assistance) from my employer in this regard. Isn't my passport a personal document in this situation, which I may not agree to share with my employer?

Hi,

An employer can ask for a passport copy from an employee if it is mandatory for the nature of work involved (confidentiality/security). It is taken as proof by the employer for security reasons. It is also taken as one way of reference check. This is a common practice among some ITES companies.

Regards,
Vyshnavi

Employers do have a right to ask for copies of certain documents to verify the date of birth, residential address, your activities in visiting other countries, etc.

This is an inherent right and NOT a matter of Indian Employment Laws.

But why don't you look at it this way? What harm can come your way by providing copies of non-blank pages? I feel - none!

A passport is a personal document, but so are your qualification certifications, School Leaving certificates, and a host of other certificates. Why don't you share these?

Maybe there is nothing evil in an employer asking you to share these documents. Even if he has evil in his mind, he can do nothing with copies of documents.

I suggest you need not be so possessive and defensive about this issue. Your association by way of employment depends upon your competence, attitude, quality of relationships, as well as the employer's perceptions of these.

There is no need, indeed, to take a suspicious, righteous, and defensive stand on an issue of really no consequence.

Unless there is something you have preferred not to share on the board.

Take it easy. There is no harm!

Samvedan

October 6, 2005

There is some basic difference between the educational certificate and a passport. My certificates are the basic pre-requisites for getting the job where as a passport is not. I have some colleagues who do not possess a passport.

It is not that I have something to hide by not agreeing to share my passport copies.

I am working at the mid-mgmt level in the same offshore company ( where software is an in-house job) for last 3 years and my professional association with the same authority is for more than 7 years. My job is mainly based in India and does not require frequent travel. Personally I also do not like to travel. But I agree to travel when there is business demand.

During my employment time, I traveled to overseas for business and except for getting an Invitation Letter and the VISA related drafts, I got no help from my HR. They did not even give me any HR covering letter establishing my employment while applying for Business Visa. The travel was absolutely for business purpose and I was not really very willing for travel. I somehow managed to get the VISA. This happened due to sheer incompetence on their part.

Then I had to renew my passport and for that also, no financial or assistance service was provided by them. In fact, I had to go through the support service of my Spouse's organization to get my passport renewed. Believe me it was not easy for me to ask my spouse's help for this when I knew the renewed passport will be used by my in-frequent business travel only.

After all these, they suddenly woke up and asking for all the copies of passport. And they are also flexing their muscles about it. Is this an acceptable HR practice?

I still ask can I rightfully deny to provide the passport copy? If I do, what will be the consequences?

It is due to certain issues between the management and you that you do not wish to share non-blank copies of the passport pages.

Now let me tell you that you have the right to refuse to share any personal details that are NOT relevant to the job or to the employer-employee relationship, though I feel that the issues could be sorted out by a mature discussion between the parties. If this has happened and has not yielded results or you are convinced that this approach won't work in your situation, then go right ahead and refuse to share.

When I say I must also exercise caution that you must verify the terms and conditions of your employment to ensure that you are indeed free to refuse. As far as the law is concerned, you can't be forced.

But with every decision that one makes in life, there is a price attached which is not always visible to determine. Before you make up your mind, I hope you will bear this in mind!

Good Luck
samvedan
October 7, 2005

Hi,

It seems that there exists a communication gap between you and your employer. Both are unable to reconcile and explain to each other their reservations.

You have mentioned that during your employment, you traveled overseas for business, and the HR department provided only a little help in getting visas for the countries you visited for business purposes. This little help was in the form of providing you with the invitation letter from the company's offices abroad and visa drafts.

I fully agree with your contention that they did not provide you with a covering letter indicating your employment with the company. My dear, don't you think that without the invitation letter and visa drafts, it would not have been possible for you to obtain a visa from the concerned embassy? No doubt, the visa was granted based on your personal presentation, but I am sure that the invitation letter played a significant role in that. Just think about it.

Now, the question is why your employer is asking for a copy of your passport, especially of non-blank pages. There may be the following reasons:

1) The employer's accounting books are under surveillance by statutory authorities, which the management does not want to disclose. The statutory authorities want to establish on the records that the expenses borne by the company are genuine, and someone has actually traveled abroad.

2) The employer is under scrutiny by an intelligence agency for its connection with a foreign company.

3) The employer may have received negative information about your visit abroad from a foreign company in confidence.

4) The employer may want to verify from your passport your entries and exits from foreign countries. Additionally, they may want to ensure that you did not visit any other countries without the knowledge of your employer or deviate from the pre-decided schedule.

There may be other reasons as well.

If none of the above circumstances is applicable, then why are you worried? Come forward and have an open discussion with your employer. If justified, provide the copies.

I am sure your employer wants to confirm something from your passport details. I do not know which country(s) you visited for business purposes, but one thing is certain: it is very challenging to obtain a business visa for certain countries. Your employer helped you establish your credibility with the embassy of the country that granted you the visa to visit.

If you agree with this, be confident and provide the required information. Help your employer. You are at the middle management level and will need to move to a senior level in the future. A negative attitude and unnecessary reservations will not help you grow. Relieve your tension, discuss, and act according to the circumstances.

There is no legal matter involved in this. The employer has the right to seek information if you have entered into an agreement to provide it. Otherwise, the only law that applies in these circumstances is the Principle of Natural Justice.

Think from the employer's perspective. If you were the employer and your employee did not provide you with the desperately needed information, how helpless would you feel? Leave aside the differences and speak to your employer.

Regards,

Anil Anand