Job Discussion Forums

[bulgogiboy]

I read an article recently which seemed to indicate that Saudi law doesn't actually obligate employees to hand over their passports to employers but that in fact employers demand this as a matter of course regardless. It could be just a norm which has no basis in law, but its widespread practice makes it tantamount to law. It's kind of like the female drivers in Saudi who don't actually have any written law forbidding them to drive, but the licensing authority refuses to issue them driving licences. In that situation, what's to be done? It's Saudi...

I don't even know why employers are so keen to keep hold of passports, as employees can't leave the country without an exit visa anyway. I'm guessing it's just an extra level of control they have over you. Again, it's Saudi...

[Middle East Beast]

Most employers keep your passports, and I found it uncomfortable. It's MY passport, after all, and I should never have to relinquish it for "safekeeping" by some other entity. But it's clear why they do it...to prevent runners. That says a lot about working in KSA.

To my knowledge KSA is the only country where you'll encounter this issue.

I'm confused, though. I've read on these threads that Saudi law requires employers to keep passports, and that it's against Saudi law for employers to keep passports (or at least there's no Saudi law requiring it). Only one of these claims can be true.

MEB

[johnslat]

Dear MEB,

I'm pretty darn sure it's NOT that "Saudi law REQUIRES employers to keep passports:

"The Kingdom�s Government is endeavouring to ensure an appropriate working environment for all male and female workers in its territory. To this end it has taken numerous measures and promulgated legislation to safeguard their rights. Article 47 of the Basic Law of Governance stipulates that: �The right to seek legal remedy shall be guaranteed, on an equal footing, to all citizens and residents of the Kingdom�. Council of Ministers Decision No. 166 of 12/7/1421 AH regulating relations between migrant workers and their employers further stipulates as follows:
- Employers shall not retain the passports of migrant workers or the passports of members of their families.
- Migrants worker shall be entitled to freedom of movement within the Kingdom of Saudi Arabia provided that they hold a valid residence permit.
- Migrant workers may apply to governmental and other bodies to avail themselves of the services needed to ensure a decent life for themselves and their families, such as the issuance of driving licenses, the purchase of motor vehicles, telephone connections etc., without being obliged to obtain the consent of their employers.
- The term �sponsor� shall be invalid wherever it appears and shall be replaced by the term �employer�.
- The Decision also makes provision for the establishment of a special committee to resolve any problems arising from its application.
36. The new Labour Law, promulgated on 23/8/1426 AH corresponding to 27/9/2005, contains clear and explicit provisions to safeguard the rights of workers. This Law does not differentiate between Saudi and non-Saudi workers or between males and females. Article 40 stipulates that the employer shall bear the costs of recruitment, the fees for the issuance and renewal of residence and work permits, the fees in respect of change of occupation, departure and return and other fees arising from the worker�s transfer to a new employer, as well as the worker�s travel expenses when he returns to his country on the termination of the contractual relationship between the two parties."

http://www.linkedin.com/groupItem?view=&gid=3677558&type=member&item=53483539&commentID=42174290&qid=5a68e5a0-6f35-41be-b24a-69eac3e967d0&goback=.gmp_3677558

"There is no law in Saudi Arabia which requires workers to surrender their passports to their employers, however some companies falsely claim that they are following the law by holding their employees� passports or may simply say that it is company policy. Companies explain that keeping workers� passports is their way of protecting their investment by bringing workers into the country. The Kingdom requires that foreign workers have a legal sponsor, which would be the Saudi company they work for. According to Saudi law, workers are allowed to freely change jobs or employers and to change their sponsorship, however there is no government entity to ensure that foreign workers rights are protected."

http://mideastposts.com/2011/07/26/fire-puts-spotlight-on-saudi-passport-holding/

Regards,
John

[Middle East Beast]

Good information. Thanks, John.

Is this actually the law in force in KSA now?

If so, then employers don't have an excuse for retaining passports. Period.

MEB

[johnslat]

Dear MEB,

No excuse, true - but I'll bet some, at least, will continue to do so. Wasta trumps "the law" every time .

Regards,
John

[bulgogiboy]

[Middle East Beast]

[gelynch52ph]

[veiledsentiments]

[posh]

A few months ago there was a fire in Jeddah and an office containing 17,000 foreign passports was burned down causing havoc to the holders about to take vacation. Turned out the passports were being held illegally by the employer. I challenged my employer on this and they smirked, but I'm pretty much finished with anything an Iqaama is needed for - bank, car, internet and am now holding mine. They can keep the Iqaama - I paid for it.

http://arabnews.com/saudiarabia/article475334.ece

During my first stint in KSA I left after 2 years with a bank account open. Maybe it still is. I think their (understandable) concern is people leaving with huge, unpaid credit card bills or loans - easy to get.

[scot47]

You go to Russia you play by Moscow rules. Same principle in Al-Saudiya. if you don't like the heat stay out of the kitchen.

[Middle East Beast]

Well, the rule seems to be that employers don't keep passports. The employers need to play by the rules.

When employees try to, the employers don't like it.

Those employers are the ones who need to get out of that kitchen if they can't take the "heat" of employees keeping their passports.

[johnslat]

Dear MEB,

In a perfect world - or even a law-abiding Saudi Arabia - you'd be right. However, it's THEIR kitchen, and, as I'm sure you know very well, the Kingdom is NOT a "nation of laws." It is a "nation of wasta."

Regards,
John

[yrsammit]

Regarding the final exit visa:

I left on my final exit about 2 weeks ago. Signed some forms at my company's office, they took my iqama and gave me my passport with final exit visa. I asked if I didn't need to turn in my iqama at the airport, and they said no, we keep the iqama.

Long story short, I DID need my iqama at the airport. They wouldn't let me through, despite me spending almost 30 minutes complaining and loitering (usually that works in Saudi!) Ended up calling my company and having them drive my iqama to the airport and having to catch a later flight.

Useful info: according to what I was told at the immigration office, there are TWO kinds of final exit visas. If your final exit visa (stapled into your passport) says "Muqeem" on it (mine does in English), you need your iqama at the airport. They kept pointing to that word, Muqeem, and then pointing to a part of the visa in Arabic where apparently it states clearly that you must have your iqama to turn in at the airport. I don't know why my idiotic employer chose to overlook this.

After all that hassle, I got back in line and the guy literally threw my iqama onto a pile of iqamas on his desk. Wonder what they do with them.


Concerning passport retention:

It's common practice, but not law, for employers to keep passports. It's an awful thing to do, but as someone said, it's done to keep people from running. Because trying to leave this country once your employer has you under his thumb is a nightmare. It's expensive to bring workers to Saudi, so I guess it's kind of like risk management for the company that brings you.

Just as common is not allowing an employee to retain both his passport and iqama, but again I've never seen a law about this (definitely not in the Labor Law). However, I have read that there are significant fines on an employer if one of their employees leaves the country with his Iqama. I don't know why that would be such a horrible thing and why it's so heavily fined, but it might explain why employers insist on that policy.

[Puddlesz]

thanks yrsammit, i'm supposed to leave in a few days and was worrying about that myself. i have some other concerns though:

the company i work for has booked my ticket but hasn't given me my passport along with my final exit visa yet. my flight is in just a few days, should i be worried? also do i need to hand over my iqama for them to process the exit visa?

regarding bank account:

i have a bank account but i haven't used it in months and it has a 0 balance. do i need to close it in order to leave the country? i would rather not go to the bank since it is very far from my apartment.