DUBAI - The illegal practice of retaining employee passports is rampant throughout the United Arab Emirates, with some of the country’s biggest companies openly flouting the law, a Maktoob Business investigation has found.Maktoob Business has spoken to dozens of expatriates working in the UAE whose companies require them to hand in their passports, leaving them unable to travel without permission and at the mercy of unscrupulous employers.
The government outlawed the practice in late 2002, but almost seven years later a significant number of companies, some with thousands of employees, continue to break the law.
“We hold passports of the staff ... that is a company rule,” said James Rodricks, a human resources executive at Dubai-based retailer Sharaf Trading, which has around 500 employees and operates stores such as Forever 21 and Woolworths.
“Yes it is (illegal), but there are many companies that are following this practice,” he added.
Among the worst offenders are companies in the real estate and hospitality sectors, with all employees Maktoob Business interviewed stating their companies kept their passports.
“We were all required to hand over our passports when we joined,” said a former employee of Dubai-owned Jumeirah Group, adding that the practice continues today. The employee agreed to speak on condition of anonymity.
Jumeirah Group, which has a global workforce of around 11,000 and operates the iconic Burj Al Arab hotel, said it retains passports for “security” and “efficiency” reasons, but maintained it is a recommendation and done with employees’ consent.
“We constantly review our operational procedures to ensure that we are fully in line with local regulations and to improve our colleagues’ working environment,” Tim Savage, chief human resources officer at Jumeirah Group, said in a statement.
INTERNATIONAL CONCERNThe UAE has come under heavy criticism from Western governments and rights groups in recent years for failing to protect workers’ rights, especially the thousands of construction labourers that have helped build the country out of the sand.
Human Rights Watch said in July workers face "severe exploitation and abuse" in a report on Abu Dhabi’s $27 billion Saadiyat Island development and called on the UAE government to enforce legislation designed to protect workers’ rights, including passport confiscation.
“Passport confiscation remains to be a serious problem in the UAE. We've recommended steps the government should take to end the practice but unfortunately not much progress has been seen,” said Samer Muscati at Human Rights Watch.
The Ministry of Labour did not reply to several requests for comment.
Many employees interviewed by Maktoob Business said they were not aware the practice is illegal when they came to the UAE and are now too afraid to ask for their passports back.
“I thought it (passport confiscation) was a policy of the UAE ... I didn’t know it was illegal,” said an employee at Abu Dhabi-based conglomerate NMC Group, which employs some 15,000 people.
“I would ask for my passport back, but I don’t want to get into trouble,” the employee, who asked not to be identified, added.
NMC Group did not reply to a request for comment.
Other employees said they do not want the expense and hassle of taking their employer to court.
Labourers make as little as 500 dirhams ($135) a month, while waiters and shop assistants make around 1,000-2,000 dirhams a month.
Musthafa Zafeer, founder and managing partner of Dubai-based law firm Musthafa & Almana, said a passport confiscation case costs between 5,000 dirhams ($1,360) and 10,000 dirhams, but described it as a “simple case”.
“A passport is the property of its holder and no one else has the right to take that away,” Zafeer said, adding that he represents about three cases a month involving people trying to get their passports back from current and former employers.
Does your company retain your passport? We want to hear about it. Email the name of the company and any comments to dylan.bowman@maktoobgroup.com.