For Filipinos and many countries abroad, the passport serves as one of the main requirement to travel across countries. Once you have it, this should remain in your possession without further explanation.
There are already a lot of issues, especially to OFW’s, involving the employer and employee as to who will hold their employees passport. But actually, there’s no question to that. A passport should be in the possession of the person whose name and image is attached to it.
Sadly, this rule is not practiced by all employers especially with OFWs working in Middle East countries.
SAUDI ARABIA
The Labor Ministry has reiterated that it is the right of foreign workers to keep their passports and official documents.
“Anybody violating this rule will face serious penalties,” said Taysir Al-Mofraj, the ministry’s spokesman.
– Arab News
KUWAIT
“Companies in Kuwait will no longer be allowed to withhold employees’ passports under new labour laws being written, according to Arabic daily Al Shahed. A draft resolution is expected to be submitted to the Minister of Social Affairs and Labor and Minister of Planning and Development Hind Al- Subaih before the end of this month, the daily said, quoting ministry sources.”
– Arabian Business
“It [new law on domestic helpers] prohibits employers from confiscating workers’ passports, a common abuse, but fails to specify penalties.”
– Human Rights Watch
UNITED ARAB EMIRATES
International Labour Organization (ILO) Convention on the Abolition of Forced Labour
“Retaining workers’ passport also amounts to forcible work in violation of International Labour Organization (ILO) Convention on the Abolition of Forced Labour – to which the UAE is a signatory. Employers who fail to give workers their passports on request are in breach of trust. The offence carries imprisonment of upto three years and/or fine amounting to AED20,000 or more,” quotes UAE Ministry of Labour Legal Department.
– ILO
“It was stated in a decree by the Ministry of Interior (in December 2002) that it will be considered as an illegal action to retain the passports except by governmental parties. It is a personal travel document that proves the identity of the holder, and the laws stipulate that the bearer must keep his or her passport and present it to the government authorities upon request. In case of holding of passports by anyone without a court order, there will be a suitable punishment by the law.”
– Jamie Liddington, head of employment at law firm Hadef & Partners
BAHRAIN
“No person shall be arrested, detained, imprisoned, searched or compelled to reside in a specified place, nor shall the residence of any person or his liberty to choose his place of residence or his liberty of movement be restricted, except in accordance with the law and under the supervision of the judicial authorities.”
– Constitution of Bahrain Article 19 Section b
OMAN
“It is illegal to keep the passport of the employee as it is a personal document and legally, the property of the government issuing it. In Oman, normally a passport is handed over by the expat only to get a residence visa stamped on it and as per the rules, it should be returned after the stamping.”
– Moath Al Ghilani, an Omani lawyer
QATAR
Qatar Labor Law – #4 of 2009 Regulating The Entry And Exit Of Expatriates In Qatar And Their Residence And Sponsorship
Article 9: The sponsor shall deliver the passport or travel document to the sponsored person once the procedures for issuing or renewing the residence permit are accomplished.
– BrasemDoha
“The Law 4/2009 regulates the entry, exit and residency of the country’s foreign workers (expatriates) and it gives adequate protection to the foreigners and guarantees their right to keep passports in their possession.. Violation of the law could amount to a penalty of not less than QR10,000 to the sponsor or his representative for every passports that he keeps in his illegal custody.”
– Doha legal activist and Migrant Asia regional co-ordinator Nizar Kochery
rhoda laureaga
My employer keep and hiding my passport even my id’s like my iqama…what will i do??
Kevin
I understand the need for funds for family but with the danger so high, why chanve going to one of these countries where most of the employers are not following their own laws and have a track record of OFW abuse…. even rape and murder?
Ronalyn
My employer holding my passport and emirates id. I dont have rest 7 days a week work almost 12hrs… not enough food. Always late to eat.
Vermy
How about Taiwan??
Mic
Mostly here in Saudi they are not following the rules. No day off every week, holding na worker passport and almost 16hours of working.
sharon suico
Ako den wala sa akin…
Rhea Espedido
my employer holds a passport and iqama id i am not a day off then i bought my personal things and rice..24 hours dn my job
Ann
I’ve been working in middle east for almost 10 years and all the same concern ( all my documents wasnt in my custody) until now.. They dont follow what is written on the contract, no day off, lack of sleep, over work.. Where is the justice?
edzz
As my experience here in Qatar..
Why didnt follow the rule.. im working here without restday..and against the rule to put thr camera on the workers room..and the the agency here not respond the moment i message him.. i have 1problem..
My passport was expired.
Christian Paul Aquino
NASA company office po namin ang mga passport namin ayaw nila ibigay baka daw po tumakas of what ever.. D po kmi makapunta sa dahil NASA remote area kmi sa tanajib.. and ang head office namin sa dammam po.. how u can help us guys.. thanks..
Aileen Malana
Me to my employer holding my passport and my IQAMA I’d and all my thing my dress,my employers not giving my personal thing all of things,.my location Riyadh Saudi Arabia
Weng
It’s not only in middle east. My employer also holds my passport as well with my friend here in Hong Kong