Ali's* Story: Passport Withheld By Employer

8 September 2021

After Ali* recovered from his workplace injury, the Ministry of Manpower (MOM) allowed him to seek new employment. Ali’s new prospective employer eventually received an in-principle approval (IPA) for his new Work Permit (WP). 

But for his WP to be issued, Ali needed his passport. Ali’s previous employer refused to return his passport when he asked. MOM officers spoke to the employer to no avail. Ali then lodged a police report, given that Section 47 of the Passports Act prohibits withholding another person’s travel document. MOM then issued a written notice to return the passport, but the employer ignored it. 

When HOME called Ali’s assigned police officer (IO), the IO said to go back to MOM, and added that the enforcement agency for this issue was the Immigration and Checkpoints Authority (ICA).  

Knowing that Ali was desperate with his WP issuance deadline closing in, the previous employer demanded that Ali pay them S$1,200 for the previous several months’ food upkeep, even though they are legally obliged to provide injured workers’ upkeep. 

The very day his WP issuance was scheduled, Ali returned to his old employer to again plead for his passport. The employer forced him to show them all the money he had in his wallet - a meagre $20. They also forced Ali to sign a document stating over-inflated figures of expenses for his food and accommodation. Dangling his passport, the employer demanded that he hand over his $20 in “part settlement” of his “debt” to them. Feeling powerless, Ali complied. Finally, Ali’s passport was returned to him. 

Ali first raised this issue on 18 June 2021, and he finally had his passport returned on 2 August 2021. It took him almost 2 months to retrieve his passport. 

About 70% of HOME’s clients have their passports kept by their employers**. This entrenches the power imbalance between employers and workers. Some workers may stay in abusive or exploitative situations as they fear leaving without their passports or other identity documents.

For Ali to even get this far, HOME had to escalate the issue to senior MOM and police officers. Although the police told HOME that the proper agency to investigate the withholding of passports is ICA, unlike the police, ICA does not have clear reporting mechanisms. When Ali notified MOM, the employer only received an advisory. To HOME’s knowledge, no further enforcement action was taken.       

Clarity is needed on which investigating agency investigates withholding of passports, and how complaints can practically and effectively be lodged by migrant workers. Complaints to MOM should be transparently referred to the relevant investigating agency if necessary, with workers kept informed of the case progress.   

*Name has been changed to protect identity

**Average figures between June and December 2020, for both migrant workers and migrant domestic workers