Know Your Rights and How to Take Action
Despite clear prohibitions under Kuwaiti labor law, some employers in Kuwait continue the unlawful practice of withholding the passports of expatriate workers. This violation is especially alarming when expatriate managers, often without the knowledge of Kuwaiti company owners, exploit their authority by imposing harsh rules, harassing staff, and keeping passports without consent.
Worse, some sponsors falsely claim not to have the passport, leaving workers in a bureaucratic trap. Since passports are essential for personal freedom, identity, and mobility, such actions are not only illegal but also raise serious human rights concerns.
Fortunately, Kuwaiti law provides a clear legal path for workers to reclaim their passports and seek justice.
📜 What the Law Says
Under Ministry Resolution 143/A/2010, Article 1, it is strictly illegal for employers to confiscate or retain employees’ passports. Employers found guilty of this may face fines or even criminal charges.
✅ Steps to Take if Your Passport Is Withheld
1. Request Your Passport Back in Writing
• Politely ask your employer or HR department to return your passport.
• Make your request in writing (email or letter) and keep a copy.
• Clearly state that retaining passports violates Kuwaiti labor law and international standards.
• Refer to embassy guidelines: your passport is government property and non-transferable.
2. File a Complaint with the Public Authority for Manpower (PAM)
If your request is ignored, file a formal complaint with PAM.
Visit a PAM office to register and update your contact info if needed.
Prepare documents:
• Work permit
• Civil ID
• Photocopy of your passport
• Supporting documents (contract, written requests, etc.)
Submit the complaint form and attend the scheduled hearing with your employer.
If unresolved, the case can be escalated to the labor court.
3. Contact Your Embassy or Consulate
Reach out to your home country’s embassy in Kuwait for help.
They can:
• Offer consular assistance and speak to local authorities.
• Issue a new passport or an Emergency Certificate (EC) if your original passport cannot be retrieved.
• Do so without your employer’s consent if you can prove your identity.
4. Know Your Legal Rights
Employers who confiscate passports face fines and possible jail time.
You do not need a lawyer to file a complaint, but you may hire one if desired.
The process is designed to be accessible even without legal representation.
5. Attend All Hearings and Follow Up
• Be present at every PAM hearing or meeting.
• Bring all necessary documents and copies of past requests.
• If your employer doesn’t appear, PAM may proceed without them after issuing further notices.
• Settlements are documented; unresolved cases may go to court.
6. If You Need to Leave Kuwait
If you’re returning home and cannot retrieve your passport, your embassy can issue an Emergency Certificate for one-way travel.
Provide a written declaration, available passport details, proof of residency, and a police report (if applicable).
7. Be Persistent and Stay Informed
• Keep all documentation and records of communication.
• Don’t give up—the process can take time, but persistence pays off.
• Remember: It is your legal right to possess your own passport, and Kuwaiti law is on your side.
⚖️ Final Reminder
Withholding passports is illegal in Kuwait. Workers have the right to freedom of movement, and the law provides clear mechanisms to protect that right. If you or someone you know is facing this issue, take action, seek help, and know that support is available.
Source Arabtimes Kuwait
