Just want to ask about my passport. I am working in a private company at a salary of KD 250 since June 2010. I came here on a commercial visa on company sponsorship and transferred to Article 18 (work permit). The company sponsor/manager asked me to surrender my passport when I joined the company. At that time I did the same.
Now I am going on vacations for one month. After coming back I don’t wish to surrender my passport, since I am not handling accounts or any cash related matters...
Please advise whether it is a must to surrender the passport to the private company. Is there any provision for the same in Kuwait Labor Law?

Name withheld
Answer: Passports are personal documents, and there are clear orders on the issue: passports can’t be held by companies. Many companies, however, continue to ignore this order and hold their employees passports.

This is in violation of the government orders on the subject and the firm can be taken to court, which in nearly every case has ordered that these passports be returned to the employees.
 

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I wish to seek your legal advise regarding our company which requires us to have a 5-month salary equivalent undertaking and a guarantor prior to our annual leave vacation. Our company is holding our passports and we cannot get the passport without this undertaking. So in case one leaves, we are liabel as guarantors to pay the 5-month equivalent salary. This is very risky for us in case the inevitable happens to a person who is on leave and cannot come back and report for work. A large sum of money is being paid and at the same time compromises the guarantor.

Name withheld
Answer: What the company is doing is totally against the law.

First of all, it can’t keep the passports which are personal documents of the employees.

Secondly, it can’t ask for a guarantor or the undertaking involving the 5-month salary.

The employees should ask the company to stop these actions, failing which the firm should be reported to the Labor Dept in the area. The company can also be taken to court by any person on whom the company makes such demands.