PASSPORT held by employer

by inhamiller Sun Aug 10, 2008 10:16 pm

hello po. tanong ko lang po kung may karapatan ba ang employer na i-hold or keep our passports as EPS workers. I already have inconvenience borrowing my own passport everytime I go out for important reasons. they always asking "why?" (I have to borrow my passport). now my passport is with me and I don't want to give it back to them. ano ba puwede kong ikatwiran at ayaw ko nang ibalik passport ko. besides my contract will end at the 21st of this month and i want to change workplace. hopefully i could find a better company. thanks po sa sagot in advance.

by dave Mon Aug 11, 2008 7:42 pm

hello po. tanong ko lang po kung may karapatan ba ang employer na i-hold or keep our passports as EPS workers. I already have inconvenience borrowing my own passport everytime I go out for important reasons. they always asking "why?" (I have to borrow my passport). now my passport is with me and I don't want to give it back to them. ano ba puwede kong ikatwiran at ayaw ko nang ibalik passport ko. besides my contract will end at the 21st of this month and i want to change workplace. hopefully i could find a better company. thanks po sa sagot in advance.

hello kabayan,
Please refer to Immigration Control Act Art. 33-2, Item #1 as below:

Article 33-2 (Prohibition on Using Foreigner Registration Certificates as Means to Secure Fulfillment of Obligation)
Any person shall be prohibited from committing the act falling under each of the following subparagraphs:
1. The act of being provided with or coercing any foreigner to provide his passport or foreigner registration certificate for the purpose of using it as a means to secure a contract for job or the fulfillment of obligation.

--> The above article clearly stated that any employers don't have any right to hold our passport for any reasons. Furthermore, if an employer keep a passport of a worker in order to force him/her to continuously work at his company, the said employer shall be punished with imprisonment for not more than three years or a fine not exceeding 20 million won.

--> If your employer is currently holding your passport but to avoid any conflict, I suggest just explain him politely about this provision and get your passport.

--> To download the Immigration Control Act...Click here

--> If any of your superiors cannot understand English, you can download and print the Korean explanation and let them read them... Click Here

by inhamiller Mon Aug 11, 2008 9:13 pm

Thanks kabayan misterdj.maaasahan ka talaga.dami ko nang re-review hin. anyway,my passport is with me.yes, that would be the best thing to do.politely explain to them about this immigration control act. thanks again.

by dave Mon Aug 11, 2008 9:38 pm

you're welcome Kabayan... it's my pleasure to help our fellow migrant workers thru SULYAPINOY... by the way, i have added more reference documents especially the Korean explanation... refer to above postings...

thanks...

by inhamiller Tue Aug 12, 2008 8:12 pm

hello kabayan misterdj. update lang kita tungkol sa passport. just this afternoon they were asking my passport. they asked why I don't want to give my passport? I said "why do you need to keep our passports" I asked for explanation and they said it's a company policy. I tried to explain to them about the immigration control act but since I only knew hangul mal barok we haven't understand each other. they kept on insisting but i never gave up. I called the migrant center for them to talk about the matter. and Presto! natauhan ng konti ang kumpanya ko. kasi sabi sa migrant kapag pinilit nila na kunin passport namin, sila mismo(migrant) magdedemanda at magre-report sa labor. ayun, di na raw kukunin passport namin. salamat uli kabayan. pasensya ka na kung marami akong katanungan.next week na kasi end of 1st yr contract ko at ayaw ko nang pumirma. baka me alam kang vacancy kabayan? he he he.joke lang.

by dave Wed Aug 13, 2008 12:23 am

hello kabayan misterdj. update lang kita tungkol sa passport. just this afternoon they were asking my passport. they asked why I don't want to give my passport? I said "why do you need to keep our passports" I asked for explanation and they said it's a company policy. I tried to explain to them about the immigration control act but since I only knew hangul mal barok we haven't understand each other. they kept on insisting but i never gave up. I called the migrant center for them to talk about the matter. and Presto! natauhan ng konti ang kumpanya ko. kasi sabi sa migrant kapag pinilit nila na kunin passport namin, sila mismo(migrant) magdedemanda at magre-report sa labor. ayun, di na raw kukunin passport namin. salamat uli kabayan. pasensya ka na kung marami akong katanungan.next week na kasi end of 1st yr contract ko at ayaw ko nang pumirma. baka me alam kang vacancy kabayan? he he he.joke lang.

tama ang ginawa mo kabayang inhamiller... huwag tayong magpaapi sa mga mangaapi... that's why it is very important to know our rights para alam natin if we were abused or not... mali talaga ang reason nila... "no one is above the law"... "no company policy is above the korean labor law"

about naman sa job availability, i will ask my fellow FEWA members if meron sila alam... also, it is better you will visit the labor office para marami ka choices na companies and mode of works...

good luck kabayan...

by edhz08 Wed Aug 13, 2008 9:22 am

ganun pla...so mali pla ginagawa ng company nmin.kc po start nung nakarating me d2 sa korea at nagwork me sa company nmin,sila na humahawak ng pasport ko.hindi nila pinapatago sa akin.matatapos na 3 yrs contract ko pero ndun pa rin sa kanila ang pasport ko...pro mare-renew nman po me nxt yr so kelangan pla pagbalik ko galing pinas,di ko na ibibigay ang pasport ko pra in case na gus2 ko lumipat sa iba,madali ako makakalipat,tama po,di po ba?...thanks po sa info misterdj...now ko lng nalaman yan...

by dave Wed Aug 13, 2008 10:17 am

ganun pla...so mali pla ginagawa ng company nmin.kc po start nung nakarating me d2 sa korea at nagwork me sa company nmin,sila na humahawak ng pasport ko.hindi nila pinapatago sa akin.matatapos na 3 yrs contract ko pero ndun pa rin sa kanila ang pasport ko...pro mare-renew nman po me nxt yr so kelangan pla pagbalik ko galing pinas,di ko na ibibigay ang pasport ko pra in case na gus2 ko lumipat sa iba,madali ako makakalipat,tama po,di po ba?...thanks po sa info misterdj...now ko lng nalaman yan...

hello edhz08,
you're right... mali po ang ginawa ng company mo... regardless of any reasons, under the Korean immigration law our Korean employer has no right to keep our passport... if they ensist, we can report them to any labor office or can ask help from any migrant organizations (refer to migrants hotline at SULYAP portal page)... that act is punishable by Korean law...

mga kabayan...
i'll advise you... do not tolerate your employer... if they're holding your passport now, don't hesitate to get it... but to prevent any trouble, just explain them properly about our rights to keep our own passport until they will understand... if ayaw pa rin then that's the time na you have to report them to the labor...

by inhamiller Wed Aug 13, 2008 6:30 pm

thanks kabayan. if I have time on sunday,i'll visit FEWA.hope to see u there. salamat sa mga advice mo. good thing meron tayong forum na ganito. it really helps a lot specially to EPS workers like me.

by neon_rq Wed Aug 13, 2008 9:09 pm

oo kabayan..sa amin nga kami mismo hawak passport namin kc tayo may krapatan yon..

by edhz08 Thu Aug 14, 2008 7:43 am

thanks poh.

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