Must I leave my ID or pay a deposit to get the job?

The employer’s recruitment restriction

Under Article 9 of the Labour Contract Law, an employer may not retain a worker’s identity document or other certificates, require a guarantee, or collect property from the worker under any other name. Identify the employer and anyone acting on its behalf; calling a fee an agency payment does not by itself settle the restriction. It does not automatically prohibit a separate career service that you choose to buy from an independent agency. Before you pay or hand over any original document, identify who is asking and why. If the request comes from the employer and is tied to getting the job, it falls within the prohibition. If it comes from an agency offering a service you are purchasing separately, different rules may apply.

Distinguish viewing from retention

Ask whether the document will be inspected in your presence or kept, for how long, and by whom. A request to show identification for a verified process is different from demanding that you leave the original as security. If you are asked to surrender an original, propose an alternative verification method that does not remove the document from your control. Record the request accurately, including the date, the person making it, and the stated purpose. This record helps you later show whether the employer was merely checking your identity or actually retaining your document.

Record each charge as a separate item

List the fee name, amount, recipient, promised service, and refund terms for each payment. Compare the payee with the employing entity. Keep the advertisement or message that connects the payment to hiring. Avoid bundling a uniform purchase, an agency service, and an employer deposit into one allegation before you understand the actual arrangements. If the employer requires a payment as a condition of employment, that is a prohibited collection of property. If you are buying a service from a separate agency, the payment may be lawful, but you still need to know what you are buying and who is responsible.

If you already paid or handed over an original

If you have already paid money or left an original document, request its return or a written explanation through a traceable channel, such as email or a written letter. Save the receipts and the response. Ask the local human-resources authority which procedure fits the facts you have recorded. If access to your document is being used to threaten or confine you, prioritise immediate assistance from the police or other emergency services. A payment record helps establish what happened, but it does not guarantee recovery. The outcome depends on the specific facts and the procedure you choose.

What to bring to a labour authority

When you approach the local human-resources and social security authority, bring a written timeline of events, copies of the fee records, the advertisement or message linking payment to hiring, any written request for return and the response, and your own identification. Explain whether the request came from the employer or from a separate agency. Ask specifically: does this payment or retention fall under Article 9 of the Labour Contract Law, and what procedure should I follow to seek return of the money or document? The authority will decide based on the evidence you provide.

Illustrative example: a deposit for a uniform

Suppose a restaurant tells a job applicant that she must pay 500 yuan for a uniform before she can start work, and the manager keeps her ID card overnight as a 'security measure'. The applicant records the request, pays, and later asks for the ID back. She then asks the local labour authority: 'The employer required a uniform payment and kept my ID as a condition of hiring. Does this fall under the prohibition in Article 9, and how do I request return of both the money and the ID?' The authority will examine whether the payment was a condition of employment and whether the ID was retained, not merely shown.

Next steps if the issue is unresolved

If return remains disputed, retain the exact request, receipt, document-retention facts and attempts to obtain return. Ask the local authority which process applies and what acknowledgement or next procedural date to expect. Do not assume this article sets the authority’s response deadline. For separate purchased services, bring the actual service contract too; a fee label or separate payee does not alone establish lawfulness.

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