Holding Employees’ Passports Is Against the Law in Kuwait

In Kuwait, keeping someone else’s passport is not just wrong, it’s illegal. Yet, despite clear laws, some employers still hold on to their workers’ passports, creating stress, fear, and even legal limbo for many expatriates.

Let’s be clear: your passport is your personal property, and no employer has the right to keep it.

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What the Law Says

According to Ministry Resolution 143/A/2010, Article 1, employers in Kuwait are strictly prohibited from confiscating or keeping an employee’s passport. Doing so can lead to fines or even criminal charges.

Some companies try to justify this by saying it’s for “safekeeping,” but that doesn’t make it legal. Others go further, especially expat managers, using it as a way to control or intimidate staff. This is a violation of both Kuwaiti labor law and international human rights standards.

If Your Passport Is Being Held, Here’s What You Can Do

1. Ask for It Back - In Writing

Start with a formal written request. Politely email or hand a letter to HR or your manager. Keep a copy. Mention that passport confiscation is illegal under Kuwaiti law. You can even cite the law (Resolution 143/A/2010) and note that a passport is a non-transferable government document.

2. File a Complaint with PAM

If your employer refuses, escalate the matter. File a complaint with the Public Authority for Manpower (PAM). You may need to go to their office to update your contact info before submitting the complaint digitally.

You’ll need:

• Your civil ID
• A copy of your work permit
• A photocopy of your passport
• Any documents that support your claim (employment contract, email requests, etc.)
• Submit your complaint here: PAM Complaint Services

3. Contact Your Embassy

If you can’t retrieve your passport, your embassy or consulate can help:

• They’ll assist in communicating with local authorities
• They can issue a new passport or an Emergency Certificate (for one-way travel)
• You don’t need employer permission if you can prove your identity and situation

4. Know That the Law Is on Your Side

You don’t need a lawyer to file a complaint. The process is made to be accessible, even if you can’t afford legal support. The authorities will assign an investigator and hold hearings. If your employer doesn’t cooperate, the case can go to court.

5. If You Need to Leave Kuwait

If you want to go home but your passport is being held, your embassy can issue you a travel document. You may need to provide a written statement, proof of identity, and a police report.

Final Tip: Stay Persistent

This process can take time, but don’t give up. Keep all records, attend all hearings, and know your rights. Kuwaiti authorities take this seriously, and there are legal mechanisms in place to protect you.