Is It Fair for Companies to Hold Employee Passports Without Consent? Let's Discuss!

I recently joined a new IT company. At the time of the interview, the company didn't talk about documents. However, after joining, HR approached me and asked to submit my original documents. Being an experienced professional, I declined to submit my documents. After three months, they informed me that I had to travel abroad and requested my passport, which I then submitted. They provided me with a written receipt for it.

A month later, during a discussion with a Senior HR personnel, I was informed that they would retain my passport and return it to me when I leave the company. Is it appropriate to keep an employee's documents without their consent?

Document Retention Practices in Employment

Keeping passports with the employer is a common practice in Gulf countries. However, in my view, asking for and keeping any original documents is itself an unfair labor practice and should not be resorted to by any professional company. I know of small and medium enterprises in Pune that even take undated resignations from workers upon joining! So much for professionalism.

Regards

Seizure of Original Documents in the Workplace

Hello Ashish,

In India, the seizure of original documents is not legal. No employer can ask an employee to submit their original documents.

The next action depends on the kind of future you wish to achieve. If you are happy at work, don't do something that would hamper your stay in the firm. On the other hand, if you think you wish to leave, spoiling relations doesn't help.

Usually, when an employee asks the employer to return the originals and if the employer doesn't oblige, the employee has the full right to lodge a police complaint for this.

However, honestly, I believe in one thing - the people you meet today could help you proceed further tomorrow. Even if you wish to resign from this company, remember that many companies conduct background verifications and may contact your current and/or previous employer(s). If you spoil your relations, chances are they might give you a bad review.

The situation needs to be handled very tactfully.

Further Information Needed

Can you provide a little more information regarding whether or not you wish to stay in the company and if you have tried to ask for the passport in writing? Do you have any evidence, such as drafts of letters and acknowledgment by the HR/authority? Did they give you any reasons in writing?

You mentioned you have a written receipt for the submitted passport. Did they mention any reason as to why they are taking your passport? Can you elaborate on the content of this receipt?

All the best.

It's evident that an employer would retain a document only if they fear attrition. If you are satisfied with the job and are looking forward to growth, your employer shouldn't have any reason for such a knee-jerk reaction.

Steps to Reclaim Your Document

Here's what I would suggest: talking to a lawyer will only help you know your rights and not necessarily get the document back unless you are determined to fight. We understand it isn't going to be a cakewalk. However, we assume you have established yourself as an employee in your role.

Speak to your manager and share the reasons why you would like your passport back. Present a genuine case. Then, write a letter to HR, keeping your manager informed about it.

We understand you have persistently supported this. Show no fear and offer any assistance they might need.

Wish you all the best!

Passport Retention and Legal Implications

Passport is the property of the Government of India. As per the Passport Act, it is issued to the concerned citizen to be kept in their safe custody and to be used for travel abroad. According to the same act, the passport must not be handed over to anyone else since it could be misused.

You need to ask the HR person to provide a receipt for the passport, stating the reason for its retention. If the passport is given to a travel agent for obtaining a visa for another country, they issue a receipt with the reason, as required by law.

There was a case in Bangalore recently where the HR manager of a small IT company took the passports of select employees without issuing any receipt. The passports were then given to an outsider who altered the pictures and attempted illegal travel. The HR manager was subsequently caught and arrested for this offense.

Please send an official email to your HR manager reminding them that under the Passport Act, passports should not be given to any individual, including the company, without a proper receipt indicating the reasons for retention. Request the passport's return if there is no valid reason for keeping it, as the law necessitates immediate reporting to the police in case of unauthorized possession.

Emphasize that the act prohibits relinquishing the passport without a documented reason in the receipt. Encourage prompt action to retrieve the passport.

While some employers in the Middle East may retain passports, complaints to the embassy often lead to their return. Instances of retaining passports have decreased due to complaints, particularly from Indonesian maids. Protect your rights by requesting the passport's return quoting the Passport Act or asking for a receipt listing the reasons for retention. This documentation will safeguard you in case of misuse or loss of the passport.

Thank you, Anonymous, for contributing to the case and providing a solution. I have a question, though. The employee had agreed to submit the passport to the employer. Before the FIR is lodged, wouldn't it require the employer to issue a document-lost statement? I sincerely want Ashish to stay out of trouble and retrieve his passport. I am eager to understand how this can be resolved.

Thank you, Anonymous, for contributing with the case and solution. I have a question, though. The employee had agreed to submit the passport to the employer. Before the FIR is lodged, wouldn't it require the employer to issue a document-lost statement? I sincerely want Ashish to remain out of every trouble and yet get his passport back. Looking forward to understanding how this can be resolved.

Steps to Resolve Passport Retention Issue

He needs to first write to HR stating that, as per the Passport Act, he is not supposed to hand over the passport to anyone else without a proper receipt. The receipt must contain the reason for handing over the passport. In this case, there has been a misrepresentation by the HR manager. He/she has taken the passport stating that the employee is being sent abroad and has kept the passport. After collecting the passport, the HR manager states it will be handed over upon resignation. No ethical organization would violate the law, and this act of the HR manager is not only illegal but also has consequences for the concerned employee. According to the Passport Act, he can be prosecuted if the passport is misused. Hence, he needs to have a receipt to protect himself.

Secondly, after obtaining a receipt, he needs to send an email to request the return of the passport after a reasonable amount of time, say, 15 days. If the HR manager still does not return the passport, he needs to file a police complaint stating that the passport has been taken by the HR manager and has not been returned despite a reasonable amount of time having lapsed. This way, he will not be liable for any misuse of the passport. Without going to the police, he just needs to highlight this aspect to the HR manager, and he will get his passport back. In any case, it's better to find another job with an ethical company and simultaneously file an FIR to protect himself rather than risk being jailed. The authorities will not spare anyone if the passport is misused unless a complaint has been registered.

Regards.

Employer's Right to Hold Employee Documents

In my opinion, no employer should force an employee to submit their original documents to the company. If the employee agrees, there is no issue. However, the passport should not be kept by anyone other than the owner.

Regards

Clarification on Passport Receipt

I think everyone seems to have missed out on one crucial detail while giving suggestions to Ashish—he did get a receipt from the HR Manager (as he mentioned: "...told me that I had to travel abroad and asked for a passport which I submitted and they gave me a written receipt for that"). What needs to be clarified by Ashish is the reason(s) mentioned in the receipt for the company taking his passport. Whether it's the same as what was told to him verbally ("told me that I had to travel abroad...") or totally something else or nothing at all. Obviously, like Cite Contribution mentioned, the "travel abroad" was just a ruse—but it's what's put on paper that finally counts, I guess.

From the details available so far, I think the options open to him would depend a lot on this factor. In fact, I think if the "travel abroad" was the reason mentioned in the receipt, then Ashish's job is made simpler.

@ Ashish - I suggest responding with more details so that the members can give you better and more realistic suggestions.

Regards,
TS