beemergirl

My husband's employer wants to take and hold his passport before he'll pay the bonus that my husband's due. It's only for three months but can he do that? What if my husband needs his passport for something, what does he do then?

tonrob

Can't comment on the legality but that sounds as dodgy as hell.

Marocco

I understand it's a common practice in Saudi Arabia.

Noorah101

Where is his employer? What country?

I've also heard it's common in Saudi, but have not heard of it elsewhere. Definitely not in the USA!

Rene

beemergirl

I'm not concerned with Saudi Arabia, we're in North America - California!

I agree it sounds dodgy but we're kind of over a barrel on this one - down to one income so really need the money that's due. It's only for a few months but I just don't know if it's legal. Tried phoning the consulate but end up on options 1,2,3 etc never-ending circle...??

N1cky

Has he given any reason why he wants to do this? Sounds really dodgy, no way would I do it.

beemergirl

I think they don't want to pay any monies without some insurance that my husband won't leave in the next few months??

I read somewhere that another employer got into trouble by holding employees passports, not sure if it's illegal and I don't think my husband's employer would know or not if he was breaking the law. Just trying to clarify it.

kimilseung

Sounds dodgy, odd at best. Why do they say they need it? I can not see any way they can hold on to it if you request it back. I can only assume that they think that he may leave, do you think this is the case? Maybe you could tell them that you need it to apply for a visa for whenever your next vacation is, or at least to ask for it back for a similar reason after the bonus is paid, or offer a copy.
Try to find out on what grounds they would refuse to pay the bonus.
If it was me I would just out and out refuse to hand over the passport, but I do not know under what circumstances the request was made.

beemergirl

They'll pay the bonus if he hands over the passport - I think that's basically the request.

I guess they'll give it back in a few months. But is it legal for an employer to do that. What if my husband has to produce his passport for something??

Noorah101

I would not hand over my original passport to let my employer hang onto, no. I can't imagine ANY reason the employer would need to keep the passport in his custody. How about if your husband provides a photocopy of his passport, shows the original to his employer plus the photocopy (so employer can verify that it's a correct photocopy of the original), and let him hang on to the photocopy. That's what I would suggest, although really I can't even think of why the employer wants it at all.

I would not think it would be legal for a company to keep an original passport in the office. Seems unsafe as well, all kinds of theft issues and security issues come into play. That passport is the property of the government which issued it.

Rene

beemergirl

That's what I thought Rene, technically it doesn't even belong to my husband. I think he needs to point this out to the employer. I'm not sure a photocopy would be sufficient I guess they want to stop him being able to leave??

Noorah101

I assume your husband's passport has his current visa / I-94 inside of it? If so, that is his proof of legal status in the USA, and he is supposed to carry it with him at all times. (I realize not everyone carries their passport with them at all times.)

Perhaps you can find the law where it states that proof of legal status in the USA needs to be carried on one's person at all times, and show that to the employer, as proof that he cannot hand over his original passport.

Rene

kimilseung

http://travel.state.gov/pdf/Pamphlet-Order.pdf

"Once you arrive
in the U.S., keep your
passport and other travel
documents in a safe place
where you can access it at
all times! It is illegal for
your employer to take your
passport away
from you!"
page 3,

beemergirl

Thanks again Rene - that's very helpful, I hadn't thought of that. Much appreciated.

Thankyou so much kimilseung

I really appreciate your help with this guys.

Noorah101

They cannot do that. It seems THAT would be illegal. As well as withholding any bonus he has due, by blackmailing him and asking to keep his passport! That all sounds illegal, just not sure how to prove it.

If your husband can prove he is due a bonus, then he can refuse to hand over the passport, and when the company refuses to pay the bonus, he can get a lawyer involved.

Rene