Under UAE Labour Law, employers are prohibited from withholding employees’ documents or delaying their salary.
Question: Is it legal for a company to keep its employees’ passports? According to the law, when are employees entitled to receive their full salary during annual leave?
Answer: It is not legal for a company to retain employees’ passports. Article 13(2) of the UAE Labour Law states: “The employer shall comply with the following: 2- Not withholding the official documents of the worker or forcing him to leave the State at the end of the employment relationship.”
Employees are entitled to receive their full salary during annual leave as per UAE Labour Law, ensuring they are paid for their leave period before or during the time off.
Employees became entitled to receive their full salary during annual leave starting February 2, 2022, when Federal Decree-Law No. (33) of 2021 came into force. Article 74, which covers the publication and enforcement of the Decree-Law, states:
“This Decree-Law shall be published in the Official Gazette and shall be enforced as of February 2, 2022.”
Simultaneously, Federal Decree-Law No. (33) of 2021 abrogated Federal Law No. (8) of 1980. Article 73, regarding abrogation, specifies:
- Federal Law No. (8) of 1980, which regulated employment relationships, shall be abrogated.
- Any provision that violates or contradicts the provisions of this Decree-Law shall also be abrogated.
