No. It is unlawful for an employer (or any third party) to retain the passport of a UAE employee against their will. The passport remains the property of the issuing government and the personal property of the holder.
The legal position
- UAE court precedent and labour-law principles consistently treat passport withholding as a violation of personal rights and a labour-law breach.
- Even with an employee's written consent, an employer cannot meaningfully require passport surrender as a condition of employment — such consent is generally voidable.
- A "voluntary" passport storage arrangement (employee asks employer to keep it for safekeeping) must be revocable by the employee at any time on demand.
What to do if your passport is being withheld
- Send a written request (email + WhatsApp on record) asking for return.
- If refused or ignored within 24 hours, file a complaint with MOHRE (for labour matters) or the local police (criminal complaint for misappropriation of personal property).
- The Ministry of Foreign Affairs of your home country can assist: most embassies in the UAE will issue an emergency travel document and pursue diplomatic channels if needed.
- Keep evidence: copies of the passport, any custody receipt, the employer's acknowledgement.
Common scenarios
- Domestic workers face passport withholding more frequently than other employees. The Federal Law on Domestic Workers explicitly prohibits this.
- "Trade licence required" arguments by employers are not a valid legal basis.
For a specific dispute or to coordinate complaint filing, consult a UAE-licensed labour lawyer immediately.
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More questions readers asked
Sub-questions our research cluster pulls together — each links to its full Tier-B/C answer.
+−Can I be terminated during my probation period in the UAE?
Yes. Employer must give 14 days written notice. No gratuity if under 1 year. Discriminatory or retaliatory dismissal can still be challenged at MOHRE.
+−Are non-compete clauses enforceable in the UAE?
Yes, if reasonable in geography, duration (typically max 2 years), and activity. Must protect a legitimate business interest. Overbroad clauses are typically cut down or struck out.
+−What is the Wage Protection System penalty for late salary?
Days 16–30 late: work-permit block. 31–60: fines + classification downgrade. 60+: higher fines, permit suspension, criminal referral possible. Employee can resign with full entitlements after 60 days.
This is general legal information, not legal advice. For advice tailored to your specific situation, consult a UAE-licensed lawyer.
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