Is it legal for a UAE employer to retain a worker’s passport?

If the employer insists on a payment and retains a passport, a case should be raised with the Ministry of Labour, initially by calling their helpline on 800665.

I have been working for my current company for just a few months. I was promised a lot of things back when they hired me and none of it has turned out to be true, but as all the promises were verbal and not written I cannot prove anything. I resigned three weeks ago and decided to go back home to Europe to finish my studies. I gave two months notice and still I had to pay the company AED 4,367. Another reason I decided not to stay was the unprofessional behaviour of my manager. He ended my employment two days ago and didn't want to let me finish my notice, yet the company still wants me to pay them. It is now impossible for me to pay when I cannot complete my two-month notice period. They are holding my passport and will not give it back before I pay them. Are there any laws in my favour in this case? JY, Abu Dhabi

I understand that JY was employed on an unlimited contract so the law is clear in that she is not obliged to make any payment to her employer and they are breaking the law both by demanding a payment and by withholding her passport. There is something of a grey area regarding resignation during a probationary period, but an employee is generally expected to give at least 30 days notice and if that is accepted, rather than there being a mutual agreement to leave immediately, the employee should be paid for the days of the notice period. If the employer insists on a payment and retains a passport, despite this being contrary to UAE Labour Law, a case should be raised with the Ministry of Labour, initially by calling their helpline on 800665.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years of experience. Contact her at [e-mail]. Follow her on Twitter at @FinancialUAE

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