Many first-time employers hiring a Migrant Domestic Worker (MDW) in Singapore share similar worries: "What if she misplaces her passport?" or "What if she uses it to borrow money from loansharks, or runs away overnight?"
In the past, many employers routinely locked their helper's passport and Work Permit in the household safe upon her arrival. Some employment agencies even advised signing a "voluntary safekeeping consent form." However, employers must take note: under current Ministry of Manpower (MOM) regulations, retaining or withholding your helper's passport is strictly against the law.
Below is a breakdown of the regulations, how to address common concerns, and the proper way to handle identity documents.
1. MOM's Regulations: Why Can't Employers Keep the Passport?
① Legal Ownership Belongs to the Holder
A passport is not the employer's property. MOM makes it clear that a passport belongs to the holder and the issuing government. Employers cannot confiscate it, nor can they hold it under the guise of "safekeeping" in a way that restricts the helper's direct access.
② "Voluntary Written Consent" Is Not Recognized
Some employers wonder: "What if my helper asks me to keep it safe for her and even signs an authorization letter?" MOM has clarified that even if requested by the helper or intended to prevent loss, employers cannot hold onto her passport or Work Permit. The compliant practice is to provide a lockable drawer, locker, or storage box where the helper holds the key and maintains full access at all times.
③ Work Permits Cannot Be Withheld Either
Just like her passport, the helper's Work Permit card is her legal proof of identity in Singapore. MOM mandates that the physical card must remain in the helper's possession at all times. MOM also encourages helpers to download the SGWorkPass app on their mobile phones to show their digital pass when needed.
④ Severe Penalties for Withholding Documents
Keeping a helper's documents without authorization carries serious consequences. MOM views passport withholding as a major breach of employment regulations. If an employer refuses to return documents after MOM steps in, they risk being barred from hiring an MDW in the future and may face administrative fines or legal prosecution, depending on the severity of the case.
2. Real Employer Concerns: Managing Loans and Runaways Compliantly
Most employers don't hold passports out of malice—they do so out of concern over practical problems. But does keeping the passport actually prevent these issues?
Concern 1: Preventing Illegal or Irresponsible Borrowing
- What you can do: Rather than holding her passport, set clear expectations early on. You can also encourage your helper to apply for Self-Exclusion via the Moneylenders Credit Bureau (MLCB). Once registered, licensed moneylenders in Singapore cannot grant her unsecured personal loans, with a minimum exclusion period of 2 years for foreigners. Note that this application must be submitted voluntarily by the helper; employers or agencies cannot apply on her behalf.
Concern 2: What If the Helper Runs Away?
The Reality: Holding a passport will not stop someone determined to leave. Without her passport, a helper can still go to her embassy or report document withholding to MOM. When that happens, the employer faces legal penalties on top of the runaway issue.
- What you can do: Keep communication open and make sure her salary is paid accurately and on time. If your helper goes missing, report the matter to the police immediately and notify MOM to cancel her Work Permit. Keep in mind that a runaway helper may put your S$5,000 Security Bond at risk. Filing a police report does not automatically guarantee that MOM will discharge the bond; the outcome depends on MOM's assessment and bond conditions.
Concern 3: Who Is Responsible If Documents Are Lost?
If a helper misplaces her passport while it is in her care, she must file a police report and apply for a replacement at her embassy or high commission. The employer should help by providing any required employment or Work Permit paperwork. Replacement fees and procedures follow the specific embassy's guidelines.
3. Best Practices: How to Safely Store Documents Compliantly
To stay compliant while protecting documents from damage or loss during daily chores, provide a dedicated lockable storage space where your helper can secure her passport, Work Permit, and personal belongings. The main rule: she must retain unrestricted access at all times.
- Provide a Lockable Box or Drawer: Set up a lockable safe box or assign a drawer with its own physical key in her room or wardrobe, letting her keep the key.
- Respect Privacy and Clear Ownership: Make it clear that she is responsible for locking away her passport, Work Permit, bank cards, and other personal items.
- Document Temporary Handling: If you temporarily need her passport for official matters—such as Work Permit renewal, purchasing required insurance, or medical check-ups—return it promptly and keep a simple written or WhatsApp acknowledgement for your records.