Passport / documents held

Holding a worker's identity documents is one of the hallmarks of forced labour. International maritime law addresses this directly: MLC 2006 Standard A1.4(5)(a) and ILO Convention 181 Article 9 both explicitly prohibit recruitment agencies and shipowners from requiring seafarers to surrender, give as security, hold, or destroy their passport, identity documents, seafarers' employment agreement, employment record, or any other personal documents. This prohibition is non-negotiable and cannot be waived by contract.

What the law says

• MLC Std A1.4(5)(a):recruitment and placement services shall not require seafarers to surrender any identity document, passport, or seafarers' employment agreement.
• ILO C181 Art. 9:private employment agencies shall not keep workers' identity documents — including passports, work permits, or any other document that establishes identity — in their custody.
• ILO C185 (Seafarers' Identity Documents Convention): the SID is property of the issuing government, not the employer or agency — it cannot be seized or held as a condition of employment.
• Forced Labour Protocol (ILO P029): confiscation of documents is listed as an indicator of forced labour under the 2014 Protocol to the Forced Labour Convention. Shipowners who hold documents as control mechanisms may face criminal liability beyond MLC sanctions.

The limited exception — port formalities

The only legitimate temporary situation where a passport may be held is port-clearance processing: in some ports the ship's agent collects passports to process immigration and customs clearance with port authorities. This is:

• Temporary — the documents must be returned once clearance is granted.
• Transparent — the agent holds a signed receipt for each document collected.
• Not a condition of employment — the company cannot refuse to return your passport on demand.

If your passport is collected for port clearance and not returned within a reasonable time after the vessel is cleared, demand its return in writing immediately.

Documents covered by the prohibition

• National passport
• Seafarers' Identity Document (SID) / national seaman's book
• Continuous Discharge Certificate (CDC) / service record
• Seafarers' Employment Agreement (SEA / contract)
• STCW certificates of competency and proficiency
• Medical certificate
• Any other document establishing identity or employment entitlements

Step-by-step if your documents are held

1. Request return in writing — send a written message (WhatsApp, email, or written note) to the master or agency requesting return of your [document] by [date]. Screenshot the request and any response.
2. Photograph or copy documents before handing over, if asked. Store copies securely off-ship (email to yourself or a family member).
3. Escalate to the ITF — contact the ITF inspector at the next port or use itfseafarers.org to file a complaint. ITF can intervene directly with the shipowner and flag state.
4. Contact your manning-agency licensing authority— in the Philippines: POEA; in India: DG Shipping; in Indonesia: Ditjen Hubla. Each can revoke the agency's licence for document retention.
5. File with the flag state— use the DMLC Part I contact for the vessel's flag administration. The flag state must investigate MLC complaints.
6. Contact ISWAN or your union for confidential advice and welfare support at any step.

Frequently asked questions

• Can the ship's captain hold my passport for safekeeping?

  The captain may hold your passport temporarily for port clearance purposes — this is a normal administrative procedure and the passport must be returned on departure. However, the master or company cannot retain your passport as a condition of employment, as security, or to restrict your movement. Permanent retention without your consent is a breach of MLC Std A1.4(5)(a).

• My recruitment agency took my passport when I signed the contract — is that legal?

  No. ILO Convention 181 Article 9 and MLC Standard A1.4(5)(a) both prohibit private employment agencies and shipowners from holding, keeping in custody, or destroying workers' identity documents. A recruitment agency that demands your passport as a condition of placement is acting illegally and should be reported to the manning-agency licensing authority in your country.

• What is a CDC and can it be held by the company?

  A Continuous Discharge Certificate (CDC) is your official record of sea service — equivalent to an employment record. MLC Std A1.4(5)(a) specifically prohibits holding employment records as security. Your CDC cannot be retained by a shipowner or agency. If it is held, demand its return in writing and escalate to your flag-state authority.

• I refused to hand over my passport and was threatened with termination — what do I do?

  Document the threat in writing (email, WhatsApp screenshot). Contact the ITF inspector at the nearest port, your home-country union, and the manning-agency licensing authority. In the Philippines this is the POEA; in India, the DG Shipping. File a concurrent complaint with the flag-state administration under MLC Std A5.1.4. Retaliation for asserting MLC rights is itself a breach.

Primary sources

• ILO NORMLEX — MLC 2006 Standard A1.4(5)(a) (full text)
• ILO C181 — Private Employment Agencies Convention 1997 (Art. 9)
• ILO C185 — Seafarers' Identity Documents Convention (Revised) 2003
• ITF — Document retention and forced labour indicators

See also

• Recruitment fees and scams — ILO C181 protections
• Seafarer Employment Agreement (SEA)
• MLC 2006 — your bill of rights
• Shore leave rights
• On-board complaint procedure
• Flag-state complaints
• Union and welfare escalation
• Abandonment — your rights when stranded
• Helplines — ITF, ISWAN, welfare contacts
• Port-state-control inspection guide

Disclaimer. General information only — not legal advice. Rules vary by flag state, port state, vessel type, applicable CBA, and contract. For specific cases, contact the ITF, ISWAN, your union, or a maritime lawyer.