Employers not allowed to withhold employees' passport

The ministry laid emphasis that competent bodies earlier issued a circular prohibiting the withholding of any employee's passport without a valid court order or judgment.

"The insistence to keep workers' passports has given rise to many labour disputes, as reported to the ministry day after day. However, it has been a common practice among sponsors to keep their sponsored employees' passports with them. Yet, it is not mandatory under the Law," said a reliable source at the ministry.

The ministry's Legal Department has released a discretionary advice to the effect that a ‘sponsor may keep, not withhold, an employee's passport.

However, most of the employers refuse to hand over passports to their employees for fear of their absconding or leaving country.

In case any complaint is reported, the ministry immediately summons the sponsor and investigates the reasons for withholding the worker's passport. In this case, the employer is informed of the legality of the issue.