Empower Your Rights: Essential Updates on Passport Retention for Expats in the Middle East
The practice of requiring expatriates to surrender their passports and other official documents to their sponsors, a common aspect of the kafala system in several Arab countries, has long been a source of concern and challenge. This system has raised numerous issues regarding the safety and autonomy of migrant workers. In response, there have been ongoing petitions from governments and labor rights groups aimed at addressing and rectifying this situation.
In this post, we provide an overview of recent updates and current labor provisions across various Arab nations regarding the rights of expatriates to retain their own official documents, including passports.
Table of Contents
Expats in the Middle East: Right to Retain Passports and Official Documents
Saudi Arabia
In Saudi Arabia, the Labour Ministry has reaffirmed that foreign workers and expatriates have the right to keep their passports and official documents. Any violations of this rule are met with serious consequences. Taysir Al-Mofraj, the ministry’s spokesman, has emphasized that employers who violate this regulation will face substantial penalties. Under the revised Labour Law, companies that unlawfully retain an employee’s passport are subject to a fine of SR 2,000. This move reflects Saudi Arabia’s commitment to improving labor practices and protecting workers’ rights.
Kuwait
Kuwait is in the process of updating its labor laws to address the issue of passport retention by employers. The Kuwaiti government is adopting a more humanitarian approach towards expatriates, aiming to address the injustices and abuses often associated with the kafala system. A draft resolution is expected to be submitted to the Minister of Social Affairs and Labour (MOSAL) and Minister of Planning and Development, Hind Al-Subaih, within the month. The new regulations will prohibit companies from withholding employees’ passports, marking a significant step toward fairer treatment of expatriates.
Bahrain
In Bahrain, employers are not permitted to withhold an employee’s passport without a relevant court order. Such practices are considered a violation of Article 19(b) of the Bahraini Constitution, which guarantees freedom of movement. Additionally, it constitutes criminal misappropriation and breach of trust if an employer unlawfully retains a worker’s passport after initially obtaining it for legitimate purposes, such as processing residency permits. This legal framework underscores Bahrain’s commitment to safeguarding workers’ rights and personal freedoms.
Oman
In Oman, withholding an employee’s passport is illegal. The passport is considered both a personal document and the legal property of the issuing government. Typically, passports are requested only to be stamped with a residence visa and must be returned to the employee promptly. Omani law ensures that passports remain in the possession of their owners, reflecting the country’s respect for personal documentation and legal property.
Qatar
In Qatar, keeping or withholding employees’ passports is a direct violation of the law. According to Law 4/2009, which governs the entry, exit, and residency of expatriates, foreign workers are entitled to retain their passports. Article 52 of Law 4/2009 stipulates a minimum fine of QR 10,000 for sponsors or representatives who unlawfully withhold an employee’s passport. This legal protection underscores Qatar’s commitment to upholding workers’ rights and ensuring fair treatment.
United Arab Emirates
In the United Arab Emirates (UAE), it is illegal for employers to withhold an employee’s passport. If an employer retains a passport without the employee’s consent or a supporting court order, the individual has the right to seek legal recourse. According to a decree issued by the Ministry of Interior in December 2002, retaining an employee’s passport without official authorization is considered a punishable offense. Passports are recognized as crucial travel documents that bear an individual’s identity and information, and all expatriates in the UAE must keep their passports and present them to authorities when requested.
Conclusion
Understanding your rights as an employee, even in a foreign country, is crucial for ensuring fair treatment and protecting your safety and well-being. By staying informed about the legal provisions in place to safeguard expatriates’ rights to retain their official documents, you can better navigate your employment situation and advocate for your rights.
If this article has been helpful, please share it with your friends and family. Knowing and exercising your rights is essential for maintaining fair and safe working conditions. Stay informed and empowered.
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