PASSPORT
This query is : Resolved
22 March 2010
It was told that
employees working at
HAMARIZ FREE Zone at UAE
are surrender their passport to HFZ till the contract of employement..
Pl. advise is it so...?
How a passport to be..?
Is there any (international) law
covering this..
Pl. advise..
employees working at
HAMARIZ FREE Zone at UAE
are surrender their passport to HFZ till the contract of employement..
Pl. advise is it so...?
How a passport to be..?
Is there any (international) law
covering this..
Pl. advise..
26 March 2010
i dont think there is any such International Law.
they keep employee passport so that he cant left work till is completed to there satisfaction.
i read that when a bollywood actors act in a Hollywood movies they too have to surrender their passport to film unit.
they keep employee passport so that he cant left work till is completed to there satisfaction.
i read that when a bollywood actors act in a Hollywood movies they too have to surrender their passport to film unit.
27 March 2010
I am sorry.. my dear..
No one can detain/retain the passport;
I reproduce the msg which is made it clear
Lieutenant General Shaikh Saif Bin Zayed Al Nahyan, Minister of Interior, has issued directives to all government departments to reinforce the fact that retaining the passport of any resident without a court order violates the law.
"A passport is a personal 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 authorities concerned upon their request," Shaikh Saif, who was then undersecretary of the ministry, said in the circular dated December 25, 2002.
If the passport is detained/retained; one can make a complaint to the Ministry of external affairs of Home country and also respective ministires..
No one can detain/retain the passport;
I reproduce the msg which is made it clear
Lieutenant General Shaikh Saif Bin Zayed Al Nahyan, Minister of Interior, has issued directives to all government departments to reinforce the fact that retaining the passport of any resident without a court order violates the law.
"A passport is a personal 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 authorities concerned upon their request," Shaikh Saif, who was then undersecretary of the ministry, said in the circular dated December 25, 2002.
If the passport is detained/retained; one can make a complaint to the Ministry of external affairs of Home country and also respective ministires..
28 March 2010
what i said, was read in a interview of a bollowood actor.
defiantly i am agree with you, but what is happening in practically is sometime different from law.
i think they mention in job contract that u have to surrender u passport.
defiantly i am agree with you, but what is happening in practically is sometime different from law.
i think they mention in job contract that u have to surrender u passport.
31 March 2010
It is find that the employer has collected the passport for completing the formalities and now
fails to return the passport.
Since it has been collected for the formalities no acknowledgement is obtained.
Please advise how do we need to proceed and/or where to make complaint.
How to restore the original passport.
Pl. advise and save INDIAN..!1
fails to return the passport.
Since it has been collected for the formalities no acknowledgement is obtained.
Please advise how do we need to proceed and/or where to make complaint.
How to restore the original passport.
Pl. advise and save INDIAN..!1
31 March 2010
if he has not any acknowledgement then proving that employer has detain/retain the passport would be very tough.
on this ground he may only request for that.
other expert view are welcome
on this ground he may only request for that.
other expert view are welcome
01 April 2010
Since it is free zone..
the passport is been retained at Free zone authorities. (they being the sponsor!!)
More so, it needs to file a case against the free zone authority; as to retaining the passport is against the law.
Can it be possible to fight against a Government authorities..? (that too at UAE..!!)
Who will BELL THE CAT to save few hundreds of INDIANs..!!
the passport is been retained at Free zone authorities. (they being the sponsor!!)
More so, it needs to file a case against the free zone authority; as to retaining the passport is against the law.
Can it be possible to fight against a Government authorities..? (that too at UAE..!!)
Who will BELL THE CAT to save few hundreds of INDIANs..!!
09 August 2024
The issue of passport retention by employers or authorities, especially in Free Zones or other jurisdictions, is a serious matter involving legal, diplomatic, and practical concerns. Here’s a comprehensive guide on how to address the situation and understand your rights:
### **1. Legal Framework**
**International and Local Laws:**
- **International Law:** The International Labour Organization (ILO) conventions and various human rights treaties prohibit the retention of passports by employers as a form of control or coercion.
- **UAE Law:** In the UAE, it is illegal for employers or authorities to retain employees’ passports without a court order. This is in line with the directive issued by Lieutenant General Shaikh Saif Bin Zayed Al Nahyan, which reinforces that passports must remain in the possession of their holders.
### **2. Immediate Steps to Take**
**a. Contact Free Zone Authority:**
- **Document Your Complaint:** Write a formal complaint to the Free Zone Authority explaining that your passport was retained for formalities but is now not being returned.
- **Request for Return:** Demand the immediate return of your passport and keep records of all communications.
**b. Contact the Indian Embassy/Consulate:**
- **Report the Issue:** File a complaint with the Indian Embassy or Consulate in the UAE. Provide them with all relevant details and documentation.
- **Assistance:** They can assist in contacting local authorities and providing support in retrieving your passport.
**c. Seek Legal Advice:**
- **Legal Counsel:** Consult with a local attorney specializing in employment or labor law in the UAE. They can provide specific guidance on your legal rights and possible actions.
**d. File a Complaint with Local Authorities:**
- **Police Report:** If the Free Zone Authority does not cooperate, consider filing a police report in the UAE. The police can intervene in cases of unlawful detention of passports.
### **3. Resolving the Issue**
**a. Documentation:**
- **Collect Evidence:** Gather all documents, emails, and communications related to the retention of your passport. This evidence will be crucial in any legal or diplomatic process.
**b. Diplomatic Channels:**
- **Embassy Intervention:** The Indian Embassy can escalate the issue through diplomatic channels if needed.
**c. Employer Responsibility:**
- **Direct Contact:** Attempt to resolve the matter directly with the employer, if possible. Ensure that all communications are documented.
### **4. Potential Legal Action**
**a. File a Complaint:**
- **Against Free Zone Authority:** If the Free Zone Authority is the sponsor and retains your passport, you can file a complaint against them with the appropriate local government or legal body.
**b. Legal Proceedings:**
- **Consider Legal Action:** If all other avenues fail, legal action against the Free Zone Authority or employer may be pursued, with the help of a lawyer.
### **5. Preventive Measures**
**a. Employment Contract:**
- **Review Terms:** Ensure that your employment contract does not include any clauses that might allow passport retention or any other illegal practices.
**b. Acknowledgement:**
- **Always Obtain Acknowledgement:** When submitting documents, including passports, always obtain a written acknowledgement to avoid disputes.
### **Summary of Actions:**
1. **Contact Free Zone Authority** for immediate return of the passport.
2. **File a Complaint with Indian Embassy/Consulate** for diplomatic intervention.
3. **Seek Legal Advice** to understand your rights and possible actions.
4. **File a Police Report** if necessary, for official intervention.
5. **Consider Legal Action** if all other methods fail.
### **Resources for Assistance:**
- **Indian Embassy in UAE:** [Indian Embassy UAE](https://www.eoabu Dhabi.gov.in/)
- **UAE Ministry of Interior:** [MOI UAE](https://www.moi.gov.ae/en)
- **International Labour Organization (ILO):** [ILO Website](https://www.ilo.org/global/about-the-ilo/lang--en/index.htm)
It's crucial to act swiftly and document all communications to protect your rights and ensure the return of your passport.
### **1. Legal Framework**
**International and Local Laws:**
- **International Law:** The International Labour Organization (ILO) conventions and various human rights treaties prohibit the retention of passports by employers as a form of control or coercion.
- **UAE Law:** In the UAE, it is illegal for employers or authorities to retain employees’ passports without a court order. This is in line with the directive issued by Lieutenant General Shaikh Saif Bin Zayed Al Nahyan, which reinforces that passports must remain in the possession of their holders.
### **2. Immediate Steps to Take**
**a. Contact Free Zone Authority:**
- **Document Your Complaint:** Write a formal complaint to the Free Zone Authority explaining that your passport was retained for formalities but is now not being returned.
- **Request for Return:** Demand the immediate return of your passport and keep records of all communications.
**b. Contact the Indian Embassy/Consulate:**
- **Report the Issue:** File a complaint with the Indian Embassy or Consulate in the UAE. Provide them with all relevant details and documentation.
- **Assistance:** They can assist in contacting local authorities and providing support in retrieving your passport.
**c. Seek Legal Advice:**
- **Legal Counsel:** Consult with a local attorney specializing in employment or labor law in the UAE. They can provide specific guidance on your legal rights and possible actions.
**d. File a Complaint with Local Authorities:**
- **Police Report:** If the Free Zone Authority does not cooperate, consider filing a police report in the UAE. The police can intervene in cases of unlawful detention of passports.
### **3. Resolving the Issue**
**a. Documentation:**
- **Collect Evidence:** Gather all documents, emails, and communications related to the retention of your passport. This evidence will be crucial in any legal or diplomatic process.
**b. Diplomatic Channels:**
- **Embassy Intervention:** The Indian Embassy can escalate the issue through diplomatic channels if needed.
**c. Employer Responsibility:**
- **Direct Contact:** Attempt to resolve the matter directly with the employer, if possible. Ensure that all communications are documented.
### **4. Potential Legal Action**
**a. File a Complaint:**
- **Against Free Zone Authority:** If the Free Zone Authority is the sponsor and retains your passport, you can file a complaint against them with the appropriate local government or legal body.
**b. Legal Proceedings:**
- **Consider Legal Action:** If all other avenues fail, legal action against the Free Zone Authority or employer may be pursued, with the help of a lawyer.
### **5. Preventive Measures**
**a. Employment Contract:**
- **Review Terms:** Ensure that your employment contract does not include any clauses that might allow passport retention or any other illegal practices.
**b. Acknowledgement:**
- **Always Obtain Acknowledgement:** When submitting documents, including passports, always obtain a written acknowledgement to avoid disputes.
### **Summary of Actions:**
1. **Contact Free Zone Authority** for immediate return of the passport.
2. **File a Complaint with Indian Embassy/Consulate** for diplomatic intervention.
3. **Seek Legal Advice** to understand your rights and possible actions.
4. **File a Police Report** if necessary, for official intervention.
5. **Consider Legal Action** if all other methods fail.
### **Resources for Assistance:**
- **Indian Embassy in UAE:** [Indian Embassy UAE](https://www.eoabu Dhabi.gov.in/)
- **UAE Ministry of Interior:** [MOI UAE](https://www.moi.gov.ae/en)
- **International Labour Organization (ILO):** [ILO Website](https://www.ilo.org/global/about-the-ilo/lang--en/index.htm)
It's crucial to act swiftly and document all communications to protect your rights and ensure the return of your passport.
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