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ILSI — International Legal Support and Investment

Identity protected at the individual's request

Recovering a Confiscated Passport in Malaysia

A factory worker in Selangor had her passport withheld by her employer for over a year before ILSI's helpline and legal panel helped secure its return.

A worker, 26, from Jhapa travelled to Malaysia to work in an electronics manufacturing role, and, as is unfortunately still common in some workplaces despite it being against guidance, her passport was taken by her employer's HR office "for safekeeping" upon arrival. For over a year, requests to have it returned, even briefly to renew a related document, were refused or delayed indefinitely. She became an ILSI member partway through her contract after hearing about the organisation through a community outreach session held near her dormitory. When she explained her situation to the Kuala Lumpur helpline, a caseworker first confirmed that passport retention without her ongoing, freely given consent was not lawful, and explained the steps involved in requesting its return through the correct channel. ILSI's legal panel lawyer in Kuala Lumpur helped her prepare a written request to her employer citing the relevant guidance, and, when the employer continued to delay, supported a referral to the Malaysian labour department. The caseworker maintained regular contact with her throughout the process, since she had voiced concern about possible repercussions at work for raising the issue.

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