Can My Employer Legally Withhold My Salary or Passport in the UAE?
No. It is illegal for a UAE employer to retain your passport without your consent under Article 13 of Federal Decree-Law No. 33 of 2021, which states employers must not withhold a worker's official documents, and violators face fines of up to AED 20,000 per passport and up to three years in jail. Withholding your final salary without legally permitted cause is similarly unlawful, and final settlements must generally be paid within 14 days of your employment ending.
Key facts
The specifics, before the explanation.
- Legal basis: Article 13, Federal Decree-Law No. 33 of 2021, plus Ministry of Interior Circular No. 267 of 2002
- Penalty for passport withholding: up to AED 20,000 fine per passport, and up to 3 years imprisonment
- Workers do not need employer permission to leave the country
- A passport can be voluntarily handed over for a specific purpose (e.g. visa processing) but must be returned immediately after
- Final salary settlement, including any owed gratuity, is generally due within 14 days of employment ending
What this actually means
This is one of the clearest, least ambiguous rules in UAE employment law, and it's worth knowing precisely because the misconception persists that employers are entitled to hold a worker's passport as a form of security. They are not, and the penalties for doing so are meaningful: a fine of up to AED 20,000 per passport, plus a potential jail term of up to three years.
There's a narrow, legitimate exception: you can voluntarily hand your passport over for a specific administrative task, most commonly visa processing, but the employer is required to return it immediately once that specific task is done. Using it as ongoing leverage, to prevent you resigning, switching jobs, or leaving the country, is not a legitimate use of that exception.
On final salary specifically, the same underlying principle applies: an employer withholding pay you're legally owed, without a specific, lawful deduction reason, is a labour law violation you can report to MOHRE, separate from any dispute over the amount itself.
What to actually do
Rules and figures move. Confirm anything time-sensitive with the official regulator before you rely on it.
- Know that handing over your passport for visa processing is normal, but it must be returned once that task is done
- If your employer refuses to return your passport, report it to MOHRE or the relevant authorities directly
- Keep a scanned or photographed copy of your passport for your own records, regardless of who holds the original
- If your final salary is withheld without a clear legal reason, raise it with MOHRE rather than assuming it's standard practice
- Document any request or refusal in writing (email, message) as evidence if a dispute arises later
Frequently asked questions
Is it ever legal for my employer to hold my passport?
Not as a form of security or leverage. You may voluntarily hand it over for a specific task like visa processing, but it must be returned immediately once that task is complete.
What should I do if my employer refuses to return my passport?
Report it to MOHRE or the relevant UAE authorities. This is treated as a serious violation with significant fines and potential jail time for the employer.
How quickly must my final salary be paid after I leave a job?
Final settlements, including any gratuity owed, are generally expected within 14 days of your last working day.
Sources
Referenced for this guide: