In a troubling yet persistent practice, some employers in Kuwait continue to unlawfully withhold the passports of expatriate workers, despite clear prohibitions under Kuwaiti labor law and repeated warnings from diplomatic missions. Some expatriate managers, often without the knowledge of Kuwaiti company owners, exploit their authority by imposing harsh rules, harassing employees, and unlawfully withholding their passports, taking advantage of their vulnerable position.
This issue becomes even more distressing when sponsors falsely claim they do not possess the document, effectively trapping workers in bureaucratic limbo. As passport possession is a fundamental right linked to personal freedom and mobility, such actions not only breach local and international laws but also raise serious human rights concerns. Fortunately, there is a clear legal pathway for affected workers to reclaim their rights, obtain new documents, and seek justice.
Kuwaiti law (Ministry Resolution 143/A/2010, Article 1) strictly prohibits employers from confiscating or retaining employees’ passports. Such actions are illegal and can result in fines or even criminal charges for the employer.
If you find yourself in this situation, follow these steps to protect your rights.
1. Request Your Passport Back in Writing
- Politely ask your employer or the HR department to return your passport.
- Make the request in writing (email or letter) and keep a copy for your records.
- Mention that holding your passport is against Kuwaiti labor law (Ministry Resolution 143/A/2010, Article 1) and international norm
- As per the Embassy’s advisory, your passport is a non-transferable government document and should not be held by anyone else
2. File a Complaint with the Public Authority for Manpower (PAM)
- If your employer refuses to return your passport, file a formal complaint with PAM.
- PAM has digitized the complaint process, but you may need to visit their office first to register and update your contact information
- Prepare the necessary documents:
– Work permit
– Civil ID
– Your Passport Photocopy
– Any supporting documents (employment contract, written requests, etc.)
- Fill out the complaint form, providing your personal and employment details.
- After submission, PAM will assign an investigator and schedule a hearing where both you and your employer must attend
- If the issue is not resolved amicably, it may be escalated to the judiciary.
3. Contact Your Embassy or Consulate
- If you are a foreign national, reach out to your country’s embassy or consulate in Kuwait for assistance and guidance.
- The embassy can:
– Provide consular support and help communicate with local authorities.
– The embassy can issue a new passport or an Emergency Certificate (EC) if you cannot retrieve your original passport, provided you can prove your identity and citizenship.
– No employer permission is needed for the embassy to issue these documents if you can demonstrate your situation.
4. Know Your Rights and Legal Protections
- Kuwaiti law imposes penalties on employers who confiscate passports, including fines and potential jail time
- You are not required to have a lawyer to file a complaint, but you may choose to have one represent you, especially if the case escalates
- The complaint process is designed to be accessible even for those who cannot afford legal representation.
5. Follow Up and Attend Hearings
- Attend all scheduled hearings at PAM or the Labor Relations Department.
- Bring all relevant documents and copies of your written requests.
- If your employer does not appear, the investigator can issue a second notification and proceed with the case
- If a settlement is reached, it will be documented. If not, the case may go to court.
6. If You Need to Leave Kuwait
- If you wish to return to your home country and cannot retrieve your passport, your embassy can issue an Emergency Certificate for one-way travel.
- Provide the embassy with a written declaration, any available passport details, proof of residency, and a police report if applicable
7. Stay Informed and Persistent
- Keep records of all communications and documents.
- Do not be discouraged if the process takes time; persistence is key.
- Remember, it is your legal right to possess your own passport, and Kuwaiti authorities have mechanisms in place to protect you
Kindly check our Legal Section for your queries, you can also email [email protected]
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