Can an Employer Withhold an Expatriate's Passport Legally?

No - it is illegal for an employer in Saudi Arabia to withhold an expatriate employee's passport. This has been prohibited since Council of Ministers Resolution No. 166 of 2000, and was reaffirmed by 2020 executive regulations under the Labor Law, which specifically bar employers from retaining a worker's passport, Iqama, or medical insurance card without a written justification accepted by the Ministry.

The Legal Basis for the Prohibition

The ban on passport withholding was formally introduced through Council of Ministers Resolution No. 166 of 2000, and later strengthened under the Ministry of Human Resources and Social Development's 2020 executive regulations, which explicitly state that an employer may not withhold the passport, residence permit, or medical insurance card of a non-Saudi worker. Despite being unlawful for over two decades, the practice has remained common enough that the Ministry has continued to issue updated enforcement schedules and fines specifically targeting it.

Penalties for Employers

Fines for withholding a worker's documents have been cited at different levels across various MHRSD enforcement updates - commonly in the range of SAR 2,000 to 10,000 per affected worker, depending on the specific violation schedule in force at the time. Employers are generally given a short period to correct the violation once flagged, with escalating penalties for repeat violations.

When It Becomes a Human Trafficking Matter

Where passport confiscation is used specifically to trap a worker in a job against their will - preventing them from leaving, transferring, or reporting abuse - it can escalate beyond a simple labor violation into a matter under the Anti-Human Trafficking Law, which carries far more serious criminal penalties, including lengthy imprisonment and substantial fines, given the coercive intent involved.

What to Do If Your Employer Won't Return Your Passport

1. Request the return in writing, keeping a copy of your request and the employer's response or silence
2. File a complaint with the Ministry of Human Resources and Social Development, which has authority to investigate and fine the employer
3. If you believe the withholding is part of a broader pattern of forced labor or abuse, raise this specifically, since it may warrant law enforcement involvement rather than a labor complaint alone
4. Seek legal advice if the employer continues to refuse after a formal complaint

Key Takeaways

• Withholding a worker's passport has been illegal in Saudi Arabia since 2000, reaffirmed by 2020 regulations.
• Employers face fines, commonly cited between SAR 2,000 and 10,000, for the violation.
• Coercive passport confiscation can escalate into a human trafficking matter with far more serious penalties.
• MHRSD is the primary channel for filing a complaint if your passport is withheld.

Conclusion

Despite being a common practice, an employer keeping your passport in Saudi Arabia has been against the law for over two decades. If this is happening to you, a written request followed by an MHRSD complaint is the standard path to resolution - and if the confiscation is being used to trap you in a job against your will, that's a more serious matter worth raising explicitly rather than treating as a routine labor dispute.