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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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According to the given facts and for clarification purposes, we would like to explain to you,
Passport is a personal documents for its holder (Owner) and it is an ownership of the country that issued the passport. It is not allowed by law to confiscate the passport of the worker, unless in cases that the law stipulated on or by judicial rulings.
There are rulings stated by the ministry of interior which prevents the sponsor from holding the worker's passport except with a judicial rulings.
We advise to file an immediate case in front of the judge of urgent matters with a request of obligating the company to hand over the worker's passport. The company has no right to hold the passport because it is prevented by law and it is considered an arbitrary action.
Knowing that, according to the laws of the country, the passport is a document belongs to its holder and it is not allowed to dispossess it from him/her. This is what was assured by the regulations of discrimination which provides for " It is not a;;owed to hold the worker's passport and deprive him/her from travelling and moving whatever the relation is. Confiscating the passport is an action of preventing the person from travelling, which is controlled by the law's regulations.
Article 329 of the code of civil procedure, which stipulated on the cases in which it is allowed to prevent someone from travelling. Moreover, you have the right to claim your passport by a request to the judge who specializes in retracting the passports from employers, as the order of handing over the passport comes as obligatory
As for you coming by a work visa and your employer does not want to make you a residence and end your services before six months of the end of the contract, then the employer has the right to terminate the contract during the first six months of the work without giving a notice period. This is the period which is stated by the law (probation period), according to the article 37 of the federal labor law
إسأل Attorney

Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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