My Employer / Sponsor has taken my passport and is refusing to give it back to me even after I demanded it , citing that it is “a company policy” or that it is detained for “safeguarding”
Although this is out of LMRA’s jurisdiction, please note that the laws of Bahrain stipulate the following:
- Without a court order an employer has no right to hold employee’s passport whatsoever.
That practice represents a violation of freedom of movement in contravention of Article (19) (b) of the Constitution, which ensured the freedom of movement of every person on the territory of Bahrain.
- This practice (Although quite common) amounts to criminal misappropriation and breach of trust i.e. the employer got the passport lawfully (In order to process the residency Permit and other formalities etc…) but retained it unlawfully (Without the employee’s consent)
- The passport is a personal property, and is to be possessed solely by its rightful bearer / citizen (Also note that most passports clearly mention: That “this passport is the property of the issuing government” therefore, no other party should be holding it.
- If the employees demands his passport back and the employer refuses to hand it over (In writing if possible) The employee should first contact his embassy and secondly , raise an urgent case before the court of urgent matters at the ministry of justice (diplomatic area).
Further Comments on this issue:
Some employers / Managers claim that this is the company’s policy or that they did not receive any official letters about that!
- Claiming ignorance of the law does not relieve the management from its legal responsibility; laws must be followed once they are approved by the officials and published in the official gazette.
- Companies’ internal policies must not contradict with the law, and any policy or practice deemed as illegal must be immediately abandoned.
Last Update: Wednesday 17 February 2010
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