Employer asking to submit passport
Sumit
(Querist) 29 November 2012
This query is : Resolved
Dear All
Greetings
I am new to this site.. Now a days some companies are asking to submit passport while joining. I would like to know that is it legal or not ?
If someone submitted passport and company is not accepting his resignation as well as not giving passport also then what to do ?
thanks
Sumit
Sudhir Kumar, Advocate
(Expert) 29 November 2012
It is your choice if you want to accept slavery.
passport is impounded by the court when one is accused of criminal case.
Devajyoti Barman
(Expert) 29 November 2012
This does not look good. Look for other job.
ajay sethi
(Expert) 29 November 2012
refuse to give your passport . furnish xerox copies of the same
Guest
(Expert) 29 November 2012
For what purpose? If not provided in written terms and conditions of your appointment, must refuse to give the original passport to the employer.
Raj Kumar Makkad
(Expert) 29 November 2012
This trend is increasing day by day when the companies do require to deposit passport of the employees and employees have no bargaining power to refuse the deposit of this valuable document.
IT SHALL BE BETTER TO GET THE REQUIREMENT OF THE EMPLOYER IN WRITING BEFORE DEPOSIT OF PASSPORT WITH THE CONDITION THAT THE EMPLOYEE SHALL BE ENTITLED TO GGET THIS BACK SOON ON LEAVING THE JOB ON ANY ACCOUNT. IF THIS TERM IS GIVEN IN WRITING TO EMPLOYEE THEN THERE IS NO DANGER TO GET IT DEPOSITED.
Sudhir Kumar, Advocate
(Expert) 29 November 2012
Passport is not his property which he can mortgage.
I will request experts to react if it is a crime to give passport to anyone who is not authorized by law to receive it from holder.
prabhakar singh
(Expert) 29 November 2012
ANY EMPLOYER CAN NOT LEGALLY INSIST EMPLOYEE TO DEPOSIT HIS ORIGINAL PASSPORT WITH EMPLOYER.
Raj Kumar Makkad
(Expert) 29 November 2012
Sudhir! It is not a crime to deposit the passport by the employer but we should go in depth of the intention of the employer by doing so.The employer wants to make the employee as a bonded employee till the time he opts. The deposit of the passport shall compel the employee to dance as the dictation of his employer. What is harm if employer do not demand to deposit the passport? Why is it needed to him?
Sudhir Kumar, Advocate
(Expert) 30 November 2012
That is the reason I advised him to accept or reject slavery.
Sudhir Kumar, Advocate
(Expert) 30 November 2012
I still feel that passport is not his personal property and one cannot hand over property of Govt to an unauthroised persons and that the passport holder is liable to produce passport when called upon to do so lest liable to be arrested without warrant. I rely upon following provisions of Passport Act 1967
17. Passport and travel document to be property of Central Government
A passport or travel document issued under this Act shall in all times remain the property of the Central Government.
12. Offences and penalties
(1) Whoever-
(a) contravenes the provisions of section 3; or
(b) knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or
(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or
(d) knowingly uses a passport or travel document issued to another person; or
(e) knowingly allows another person to use a passport or travel document issued to him, shall be punishable with imprisonment for a term which may extend to 7[two years or with fine which may extend to five thousand rupees] or with both.
13. Power to arrest
(1) Any officer of customs empowered by a general or special order of the Central Government in this behalf and any 10[officer of police or emigration officer] not below the rank of a sub-inspector may arrest without warrant any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12 and shall, as soon as may be, inform him of the grounds for such arrest.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or to the officer in charge of the nearest police station and the provisions of 11[section 57 of the Code of Criminal Procedure, 1973 (2 of 1974)] shall, so far as may be, apply in the case of any such arrest.
V R SHROFF
(Expert) 30 November 2012
This illegal activity of Employer must be opposed.
Raj Kumar Makkad
(Expert) 01 December 2012
Sudhir! You are right principally but what to do in the age of unemployment? when an employer imposes any condition to an unemployed youth coming to his door seeking, such youth becomes ready to accept any condition without thinking its ifs and buts and later on he applies his mind when he requires such document for his further requirement. service
