Nepali Workers in Malaysia: When Employers Take Your Passport

For thousands of Nepali workers, Malaysia is a land of opportunity. With limited job prospects at home, many travel abroad in search of higher wages and better living conditions. However, once they arrive, many find themselves in a difficult situation—one that often begins when their employers take away their passports.

This practice, while illegal, remains common in Malaysia’s labor industry. Without their passports, workers lose their freedom of movement and can become trapped in exploitative conditions. In this article, we will explore why employers take workers’ passports, the legal implications, what workers can do if this happens, and how international organizations are addressing the issue.

Why Do Employers Take Workers’ Passports?

Employers in Malaysia often seize workers’ passports for several reasons, some of which are unlawful and unethical. These include:

1. Controlling the Workforce

By holding onto passports, employers can prevent workers from leaving their jobs. This tactic is used to force workers to stay even if they are underpaid, mistreated, or working in unsafe conditions. It gives the employer power over the worker’s mobility.

2. Preventing "Job Hopping"

Some employers claim they keep passports to prevent workers from switching jobs. Many Nepali workers arrive in Malaysia under a contract, but in some cases, they seek better opportunities elsewhere. By withholding passports, employers limit their ability to find new jobs.

3. Avoiding the Risk of Workers Running Away

Employers sometimes fear that workers will run away, especially if they have borrowed money to cover recruitment costs. Instead of creating fair and ethical work conditions, some companies choose to control workers through passport confiscation.

4. "Protecting" the Passport

Some employers claim they take passports to "protect" them from being lost or stolen. However, this justification is problematic because workers have the right to manage their own legal documents.

What Does the Law Say?

Malaysia’s labor laws and international human rights standards are clear: confiscating a worker’s passport is illegal.

• Malaysian Employment Act: Although not always strictly enforced, Malaysian law prohibits employers from taking workers’ passports without their consent.
• International Labor Organization (ILO) Standards: The ILO considers passport confiscation a form of forced labor and human rights abuse.
• Nepali Government Regulations: The Nepalese government has repeatedly warned workers about unethical recruitment practices and urged them to report employers who take their passports.

Despite these legal protections, enforcement remains weak, and many workers feel powerless to challenge their employers.

The Impact on Workers

The consequences of passport confiscation are severe. Without their passports, Nepali workers in Malaysia often face:

1. Restricted Freedom of Movement

Without a passport, a worker cannot leave Malaysia or even move freely within the country. If they need to travel for work-related or personal reasons, they must rely on their employer, who may refuse to return their documents.

2. Fear of Immigration Raids

Malaysian authorities regularly conduct immigration raids to identify undocumented workers. Even if a Nepali worker is in the country legally, not having their passport can lead to arrest, detention, or deportation.

3. Dependence on the Employer

When employers hold passports, they often use them as leverage to mistreat workers. This can include withholding wages, making unfair salary deductions, or forcing them to work overtime without proper compensation.

4. Mental and Emotional Stress

Living without access to one’s passport can be mentally exhausting. Workers may feel trapped, anxious, and hopeless, leading to severe emotional distress.

What Can Workers Do?

If a Nepali worker in Malaysia finds themselves in this situation, there are several steps they can take:

1. Request the Passport Back

The first step is to ask the employer directly. Some employers return passports when workers express concerns about legal risks or need their documents for official reasons.

2. Seek Help from the Nepalese Embassy

The Nepalese Embassy in Malaysia provides support to workers facing exploitation. Workers can file a complaint and request assistance in retrieving their passports.

3. Report to Malaysian Authorities

Workers can report passport confiscation to Malaysia’s Human Resources Ministry or the Department of Labor. However, many workers fear retaliation, making this option difficult.

4. Contact Labor Rights Organizations

Several non-governmental organizations (NGOs) in Malaysia assist migrant workers. Groups like Tenaganita and Migrant Care provide legal support and advocacy.

5. Inform Family and Friends

Keeping family members back home informed about the situation is essential. They can help by contacting relevant authorities or seeking legal advice on the worker’s behalf.

Steps to Protect Yourself Before Leaving Nepal

To prevent passport confiscation, Nepali workers should take precautions before departing for Malaysia:

1. Know Your Rights: Understand that your employer has no legal right to keep your passport.
2. Read the Contract Carefully: Ensure that employment terms are clear and that there are no hidden clauses about passport control.
3. Keep a Copy of Important Documents: Before handing your passport over for visa processing, make photocopies or take pictures of it.
4. Avoid Unethical Recruitment Agencies: Work only with government-approved agencies to reduce the risk of exploitation.
5. Have Emergency Contacts: Keep a list of embassy contacts and labor rights organizations in Malaysia.

What Can Be Done to Stop This Practice?

While individual actions are important, systemic changes are needed to protect Nepali workers in Malaysia. Governments, labor organizations, and businesses must work together to:

• Strengthen Law Enforcement: Malaysian authorities must actively enforce laws against passport confiscation and penalize employers who violate them.
• Improve Worker Education: Many workers arrive in Malaysia without knowing their rights. Providing pre-departure training can help prevent exploitation.
• Encourage Ethical Business Practices: Companies that hire foreign workers should adopt fair labor policies and ensure that their employees have full control over their legal documents.
• Increase Diplomatic Pressure: The Nepalese government can work with Malaysian authorities to create stronger protections for its citizens working abroad.

Conclusion

Passport confiscation remains a serious issue for Nepali workers in Malaysia. While it is illegal, many employers continue to engage in this practice, trapping workers in conditions that limit their freedom and put them at risk.

For Nepali workers, understanding their rights and seeking support from embassies, labor rights organizations, and government agencies is essential. However, the burden of change should not fall only on the workers. Stronger enforcement of labor laws and greater accountability for employers are necessary to ensure fair treatment for all migrant workers.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. If you are facing issues related to passport confiscation or labor exploitation, seek assistance from the relevant authorities, embassies, or labor rights organizations.