Tribunal rules it cannot impound Sri Lankan worker’s passport without court order

The Employment Tribunal has refused a request by SJ Company to withhold the passport of a Sri Lankan employee.

The company had asked the Tribunal to seize the passport of a Sri Lankan national who worked as a wholesale manager, alleging he had sold goods below the approved price and caused losses exceeding MVR 300,000. SJ argued that the employee might leave the country while the case is pending.

In response to the lawsuit, the Sri Lankan employee told the Tribunal that his passport was already being held by SJ.

Despite SJ’s request to impound the passport, the Employment Tribunal ruled that it is not a court and therefore cannot order the seizure of a passport. Only a court can issue such an order, the Tribunal said.

The ruling was issued last week.

In the Maldives, a foreigner’s passport can only be withheld under specific legal circumstances and strictly through a court order. Under the Constitution and relevant laws, a person’s freedom of movement, including the right to hold their passport, cannot be restricted without judicial authorization. Employers and private individuals are legally prohibited from retaining a foreign worker’s passport without consent.

Passports may be impounded during the investigation of a criminal case involving a foreign national, or in civil cases where a departure prohibition is sought until the matter is resolved. In employment‑related disputes involving compensation claims, a court may also order a temporary restriction.

However, in all such cases, the order must come from a court. If the court determines there is a legal basis to prevent departure, Maldives Immigration will issue a travel‑ban order and “blacklist” the passport.

An employer retaining a foreign worker’s passport violates Maldivian employment law and international human‑rights standards. A passport is the personal property of the holder.