So you’re new to Taiwan, and it’s your first time working abroad. Your employer says he will keep your passport temporarily for processing some papers. After a while, however, you notice that your passport has been kept by your employer for a long time. Is this allowed?
In this article, we will talk about your rights as a foreign worker, with regards to holding your passport, bank passbook, and other personal documents. We will also discuss how you can protect your data and what you can do if your employer withholds your passport and other documents.
Is the Employer Allowed to Keep My Passport?
The answer to this question is a clear “no!” Employers are not allowed to withhold your passport. It is illegal for them to hold your passport, Alien Resident Certificate (ARC), bank passbook, and other personal documents. This is what the law says, in Taiwan and also in the Philippines.
Laws Protecting Workers’ Rights to Personal Documents
According to the Workforce Development Agency (WDA) of Taiwan’s Ministry of Labor (MOL), foreign workers have the right to keep their passport, ARC, employment permit, and other personal documents.
It is illegal for any employer or labor broker to withhold foreign workers’ documents without their consent. Notably, they can only temporary hold the documents when applying for workers’ residency or arranging for their medical check-up. In these cases, they still need to get the consent of the workers first, and return the documents as soon as possible.
Based on Taiwanese labor law, employers or labor brokers who illegally withhold workers’ shall be fined TWD 60,000 to TWD 300,000!
Furthermore, Philippine Republic Act No. 8042 or the “Migrant Workers and Overseas Filipinos Act of 1995” states that all OFWs have the right to keep their own passport and personal documents. Withholding their passport by force and without consent may be considered as exploitation.
What to Do if the Employer Keeps Your Passport
What if your employer insists on keeping your passport or personal documents? First, you can try asking for it calmly; ask them to return it to you. However, if they refuse to do so, here’s what you can do:
- Document your conversation(s) with the employer via chat, text, or through a witness.
- Report the incident to the Manila Economic and Cultural Office (MECO) or to the Department of Migrant Workers (DMW) hotline.
- Call the 1955 Foreign Workers Hotline for help and support.
Additional Reminders
Meanwhile, here are some important reminders on keeping and protecting your personal documents:
- Do not give other people access to your passport, ARC, bank passbook, and other personal documents.
- If you lose your passport or other documents, report it immediately to the authorities to make sure that they won’t be used by others.
- Do not get tricked into giving your personal information in exchange for a gift or reward. This could be a scam!
- If you think that you have been scammed or become a victim of identity theft, call the 165 Anti-Fraud Hotline or the 1955 Foreign Workers Hotline.
Your passport, ARC, and other documents is yours and yours alone. No one else has the right to keep or withhold it, especially without your consent. Always remain vigilant and know your rights as a foreign worker!
As for your passport, be sure to check its validity by taking note of its expiration date. If you need to renew it soon, check out this guide on how to renew your Philippine passport in Taiwan.