Can an Employer Keep a Foreign Worker's Passport in Malaysia?

Five-step document and escalation checklist

Passport return plan for a foreign worker and employer

1. Record: note the passport holder, who has the passport, when it was handed over, the stated purpose and every request for return.
2. Request: ask calmly in writing for immediate return, or for the official process, submission receipt and specific return arrangement if processing is genuine.
3. Preserve: keep copies of the passport identity page and valid pass, handover receipt, messages, employment contract and any permit-renewal document.
4. Protect: use personal access controls such as a locked box chosen by the worker; an employer may offer secure storage without controlling access.
5. Escalate safely: if return is refused, seek help through a verified labour authority, union, embassy, lawyer or support service, with urgent assistance where movement or safety is threatened.

Why this matters

The issue often begins as an administrative convenience. An employer collects passports when workers arrive and says HR will keep them safe or make renewals easier. The problem is that an open-ended arrangement gives the employer control over the document a worker needs for identification, official processes and travel. Calling the file cabinet “safekeeping” does not answer who can actually obtain the passport on demand.

A genuine temporary handover is different from routine retention. A worker may provide a passport for a defined immigration or consular step, with a receipt and a clear return arrangement. That does not justify keeping every worker's passport between renewals, withholding it during a dispute, demanding money for its return or treating it as security against resignation. The purpose, authority, duration, access and worker's real freedom to say no all matter.

What the law says

The Ministry of Human Resources guide for employers of foreign domestic helpers states that employers must adhere to the Passports Act 1966, describes a passport as an official document belonging to the source country that must remain in the passport holder's possession, and answers “NO” when asked whether an employer can keep the helper's documentation and passport for safekeeping. Although that booklet addresses domestic work, its message is direct: employer convenience is not a reason for indefinite passport control.

A Malaysian news report quoting a lawyer identifies section 12(1)(f) of the Passports Act as the relevant provision and explains that an employer cannot take possession of an employee's passport without lawful authority. The report distinguishes a specific purpose such as visa renewal from general retention. A later Malaysian legal article gives the same section-based explanation. These secondary sources help explain the rule, but an individual dispute still requires the current statutory text and facts to be checked.

Possession and access are practical as well as legal questions. A passport kept in a workplace safe is still controlled by the employer if the worker must ask permission and can be refused. By contrast, an employer may provide a locker or secure box where the worker alone controls the key or access code. The useful test is not who owns the furniture; it is whether the passport holder can retrieve the document freely.

Temporary processing should leave a paper trail. The record should identify the receiving person, date, official purpose, application or appointment reference where one exists, expected handling route and return arrangement. The worker should receive a copy and should not be asked to sign a blank acknowledgement. Once the stated task ends, the passport should be returned rather than moved into permanent HR custody.

Passport retention by itself should not be casually labelled human trafficking. The Immigration Department's official enforcement page defines trafficking by reference to acquiring or retaining a person's labour or services through coercion for exploitation. Threats, restriction of movement, withheld wages, debt pressure, deception or inability to leave can make a situation much more serious, but classification depends on the complete facts. A worker facing immediate danger should prioritise safe assistance rather than trying to argue legal labels alone.

JTKSM's current complaints page says the department investigates and resolves labour disputes and promotes labour-law compliance. The short page does not specifically promise a particular passport remedy, so a worker should describe the facts and ask which authority or route fits. Immigration status, criminal conduct, employment rights, consular ownership of the document and urgent safety concerns may involve different agencies.

How does this impact me?

Example — routine collection at induction: A factory asks every new migrant worker to surrender a passport “until the contract ends”. Ravi should ask for the written policy and return of his original, keep a copy of any handover record and use a verified help channel if access is refused. The employer's fear that someone may leave does not turn a passport into an employment bond.

Example — permit renewal: Lestari voluntarily gives HR her passport for a scheduled renewal. HR provides a dated receipt, the stated process and a contact person, then returns it after the official step. This is materially different from keeping it in an unrecorded cabinet for years. If the timeline changes, she should ask for updated documentary proof and continued access information.

Example — employer offers storage: A household is worried that a foreign domestic worker has no secure place for valuables. It may offer a lockable compartment, but the worker should control the key or code and be able to remove the passport without permission. A voluntary storage choice can become employer retention if access is monitored, delayed or made conditional.

Example — return is tied to money: An agent says a worker must repay recruitment costs before the passport will be released. The worker should avoid a confrontation that creates danger, preserve messages and payment records, and seek verified labour, consular or legal support. Whether money is lawfully owed is a separate question; the passport should not be treated as collateral.

Key lessons

The first lesson is that a vague good intention does not create lawful authority. “For safekeeping”, “company policy” and “to prevent absconding” describe the employer's reason, not the legal basis for controlling another person's passport. Employers should solve document security and workforce planning through proper storage options, records, insurance, bonds or contractual processes that do not remove the worker's control of identity documents.

The second lesson is to document temporary custody without normalising it. A receipt protects both sides: the worker can show where the passport went, while the employer can show a limited official purpose and return. A central register should trigger follow-up and prevent passports from disappearing between HR, an agent and a processing office.

The third lesson is to separate an ordinary return request from an unsafe situation. A worker who can communicate freely may begin with a written request and JTKSM enquiry. A worker facing confinement, threats, violence, document destruction or retaliation may need immediate help from emergency, police, immigration, embassy, union or specialist support channels. The safest route depends on the actual risk and location.

Bottom line

An employer should not keep a foreign worker's passport as routine security or safekeeping. Keep the original with the passport holder. Where a genuine official process requires a temporary handover, use informed consent, a dated receipt, a defined purpose and prompt return. If access is refused, preserve the evidence and seek verified help; if the refusal is accompanied by threats or restricted movement, treat safety as the first priority.

Detailed steps

• Ask in writing who holds the passport, the legal or official purpose, when it was received and when and how it will be returned.
• Keep a lawful copy of the identity page and current pass, plus the employment contract, handover record, renewal receipt and complete messages about access.
• If processing is claimed, verify the process through an independently obtained official or consular channel rather than a link or number supplied only by an agent.
• Employers should return routinely stored originals and offer worker-controlled lockers or other voluntary storage instead of retaining the key or access code.
• If a return request is refused, contact JTKSM or another verified labour, embassy, union, legal-aid or lawyer channel and ask which remedy fits the facts.
• Where there are threats, confinement, violence or an immediate risk of retaliation, avoid a risky confrontation and seek urgent help from the appropriate emergency or enforcement authority.