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Know Your Rights: Passport Is Yours, Not Your Employer’s
Despite clear legal prohibitions, some employers in Kuwait continue to unlawfully retain the passports of expatriate workers. This practice is not only illegal under Kuwaiti labor law but also a grave violation of human rights, restricting personal freedom and mobility. Often, expatriate managers misuse their authority by imposing strict rules and withholding passports, sometimes without the knowledge of company owners. This leaves workers trapped in a difficult situation, especially when sponsors deny possession of these essential documents.
Understanding Kuwaiti Law on Passport Retention
Kuwaiti labor regulations, specifically Ministry Resolution 143/A/2010, Article 1, explicitly forbid employers from confiscating or holding employees’ passports. Violators risk fines and even criminal prosecution. The passport is a government-issued, non-transferable document that must remain with its rightful owner at all times. This law aligns with international labor standards aimed at protecting worker rights.
Step-by-Step Guide to Reclaim Your Passport
1. Request Your Passport Back in Writing
- Politely ask your employer or HR department to return your passport.
- Submit your request in writing (email or letter) and keep a copy for your records.
- Reference Kuwaiti labor law (Ministry Resolution 143/A/2010, Article 1) and international norms that prohibit passport retention.
- Highlight that the passport is a government document and must not be held by anyone else.
2. File a Complaint with the Public Authority for Manpower (PAM)
- If your employer refuses, file a formal complaint with PAM, which has an online complaint system but may require an in-person visit initially.
- Prepare your documents: work permit, civil ID, passport copy, employment contract, and written requests.
- Complete the complaint form with your employment and personal details.
- PAM will assign an investigator and hold a hearing involving you and your employer.
- Unresolved cases may escalate to the judiciary.
3. Contact Your Embassy or Consulate
- Reach out to your embassy or consulate in Kuwait for support.
- Embassies can help communicate with Kuwaiti authorities and provide emergency travel documents like a new passport or Emergency Certificate (EC) without employer permission if you prove your identity and citizenship.
4. Know Your Rights and Legal Protections
- Kuwaiti law imposes fines and jail time on employers who unlawfully withhold passports.
- You may choose to engage a lawyer, but it is not mandatory. PAM’s complaint process is designed to be accessible for all workers.
5. Follow Up and Attend Hearings
- Attend all PAM or Labor Relations Department hearings with relevant documents and written requests.
- If your employer does not appear, PAM can proceed without them.
- A settlement, if reached, will be documented; otherwise, the case may proceed to court.
6. If You Need to Leave Kuwait Without Your Passport
- If you cannot retrieve your passport but need to exit Kuwait, your embassy can issue an Emergency Certificate for one-way travel.
- Provide a written declaration, any passport details, proof of residency, and a police report if available.
7. Stay Informed and Persistent
- Keep detailed records of all communications and documents.
- Persistence is crucial as the process may take time.
- Remember, possessing your passport is your legal right, and Kuwaiti authorities have measures to protect you.
SOURCE : ARABTIMES
