Passport And Certificates To Be Kept By The Company

newhorizons@in.com
Dear All,

Is it the norm for employers in Dubai to keep passports and degree certificates?

Thank you.
kamalkantps
Dear Friend,
When i say it is illegal to keep someones passport i quote Mr.Nasser Ahmed Al Osaiba, Emirati Partner and Lawyer at Global Advocates and Legal Consultants in UAE
"Holding the employee’s passport from him is illegal. If such action occurs, the staff can approach the nearest police station and the company will have to hand over the passport there. Your company has no right to hold your passport. Retaining employees’ passports by employers is against the UAE Labour Law."
The passport is clearly the property of the respective Government who issues it to it's nationals and not even you have right to hand it to someone who is unauthorized to handle the same. In most of the case your employer also falls into the category of such unauthorized persons. So if somebody demands the passport from you it is illegal in UAE. Such a law may lead to exploitation of the employees.
Hope this answer resolves your query. Get back if you have any more doubts.
kamalkantps
Sure, holding of mark sheets is also illegal as those are your personal property. Again, the same remedy, my friend. Just go to the police, and they will ensure that you get your mark sheets back. These kinds of acts come under coercion, which is not permissible under any law worldwide. All you have to do is stand tall against such acts.

Hope this clarifies your query fully.
B K BHATIA
All that an employer can do is to scan all the documents and keep these with the employees' database. Also, keeping certified photocopies of the documents in the personal files of employees is a fair practice. However, keeping the original documents in the employer's custody is surely not right, as already mentioned above by some legal experts.
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