Employer keeping passport and labour card: is it legal?

Reply

HATIM Al Jinibi, Assistant Under-Secretary at the Ministry of Labour (MoL), commented: "In fact, there is no article in the labour law that allows employers to hold the passport or the labour card of an employee. But there are exceptions regarding certain professions such as accountants or clerks who have cash in their possession etc. Another case in which the employer can hold these documents is that the contract specifies that the employee's passport can be held by the employer. According to the Ministry of Interior, keeping the passport of any resident in the country without a court order is against 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," an official of the ministry said. "The only party allowed to hold the passport is the judicial authorities concerned or in cases specified by the law. Therefore, keeping of the passport of any resident in the UAE by any other party without a court ruling, is a violation of the law."

Indians face difficulties in obtaining visas to Pakistan

INDIAN nationals, Noor and Nadeem both had said in separate complaints to Khaleej Times hotline that they were facing difficulties in obtaining a visa to Pakistan.

Noor said that she is an Indian passport holder whose sister lives in Pakistan and they have never met for the past 20 years.

"Recently my sister's husband has expired and this is the reason I want to visit her in Pakistan, but since I have applied for a visa to Pakistan, I have been told that it will take two to three months. I am a teacher and I want to utilise my summer holidays. What can be done?" she asked.

Likewise, Nadeem had complained that he wants to attend the wedding of his Pakistani friend but he was unable to get a visa to Pakistan.

"I have already submitted my application with a copy of the invitation, but despite five visits to the Pakistan consulate in Dubai, I have not been able to get a visa," he said.

Reply

AN OFFICIAL from the Pakistan Consulate in Dubai said: "All complaints regarding such sensitive issues should be brought to the consulate so that they can be resolved."

He explained: "Visa policies are a prerequisite and the prerogative of the concerned government because several procedures are involved. We have laid down policies regarding such issues, we need verifications, and this process is time consuming."

Firm requested its employee Dh5,000 for NOC

AN INDIAN employee who wished to remain anonymous complained that he was working with a company which suddenly told him to leave as they were not able to pay his salary.

"I was not prepared to go back home because my whole time has gone to promote that company. I do not have any money with me. So, I requested the employer to give me a no objection certificate so that I can find another job.

"After repeated attempts, the employer agreed to issue the NOC if I pay Dh5,000 which I borrowed from a friend and paid to the sponsor. He gave me the NOC and related documents and I got a job in another company," he said.

“The new company applied for a sponsorship transfer and told me that only after getting the visa, I can join them. They spent Dhs9,000 for obtaining the visa. Now, after getting approval for visa transfer, the previous sponsor is not signing the transfer application and my present company has given me a week's notice to settle the issue, otherwise be prepared to lose the new job and I have to pay the expenses they incurred in obtaining the visa.”

The complainant added: "I had taken up this issue with Sharjah Labour Office but till now, they have not provided any solution. Under these circumstances, I cannot go home as I have so many family commitments in my country as well as I have taken so many loans for my survival here. I need advice to solve this problem since it is a matter of life or death for me."

Reply

ADVOCATE Samir Al Azraq said that the employee had made a mistake regarding the payment of money. He explained that the transfer documents should be signed by the old sponsor first and afterwards, an employee can start the procedures with the new sponsor. The transfer of visa is governed by laws approved by the UAE cabinet.

To solve this problem the complainant should complain to the Ministry of Labour after submitting all documents and evidence. The old sponsor should attend to the ministry to be questioned in this regard.

If the employee meets the conditions of visa transfer, he should request the ministry to approve the papers and try to settle the dispute with the old sponsor peacefully.

Khaleej Times has tried to get in touch with the old sponsor but he was not available for comment.