Contract end in the middle of permit, do i need NOC when i move out?

Hi Experts.

Please help me.

I want to ask bout NOC.
Here is my situation.
I joined a company in Malaysia at 23 December 2013, for 1 year contract,
and i think the contract should be ended at 22 December 2014.
But they kind of late process my work permit. So there is a gap between the contract end date and the work permit end date.
My permit will end at 26 January 2015.
Now after my contract end, I'm planning to move to another company.
I already tell this to my company, and they say they will cancel my permit, so my end date will become 31 December 2014 (they kind of extend me for 9 days, and im okay with it).

Do i need the NOC for this situation?
and what is NOC actually? is it just simple release letter from my previous company?
or is it official letter from the mdec or government?

Thanks.

Regards,
Andi Hirawan

The NOC is submitted by your new company when they apply for your next employment pass. Its just to prove that the current company is releasing you. You need to coordinate the shortening (takes about 1 week) and the application for new permit. New company should start the process by sending in your particulars already by getting stage I approval.  When you get your passport back with a future date for permit cancellation in it, you can give it to the new company, with NOC and they can send it in for stamping.

Hi Gravitas.

Thanks for your explanation.
I already talk with current company now about the NOC, asking will they give it or not after my contract end.
They kind of confused with NOC (dunno if they have deal with this or not before). They say, based on their understanding.
Because they already cancel or shortening my visa (change the end date to become 31 December 2014), means the relation between me and them already ended and i can be "free" or can go wherever i want after that date.
So they kind of no need to give me the NOC.

And about leaving the country part, yeah ill leave Malaysia for a while. (31 December 2014 till 5 January 2015, will back to my home country and join the new company at 6 January 2015)
Because when i asked them to cancel or shortening my visa before, they say they need my return ticket's date and detail, so they can proceed it.

is it correct or proper? the way I'm doing it?
Because its my first time working at Malaysia, i kind of lost about the regulation here.

Thanks again.

Regards,
Andi Hirawan

A word of warning, you need to sort out your income tax situation and ensure you have paid the correct amount. They can stop you at the border if you have not done this. 

I also got a letter stapled to my passport to hand to immigration on my way out of the country. This was new procedure compared to last time I shorted a permit.

Hi Gravitas.

Thanks for the warning. Ill check with them later after i got back my passport.
So, do i need NOC in the end?

And just wondering.
How long actually is the cooling period, if NOC its not given.
Say i resign from my company in the middle of contract, and the company not agree with it. But i insist to resign.
What will happened?
They will still need to cancel my visa right?
And if they cancel it and not give me the NOC, i cant work here in Malaysia for how long?
14 days (2 weeks)? 90 days (3 Months)? or 180 days (half year).
Coz i kind of heard lot of version bout this cooling period time.

Thanks again.

Regards,
Andi Hirawan

There is no cooling off period per se nowadays between jobs. It used to be 6 months. Your present company has shortened your permit so obviously accept you are moving on. Its a straightforward change of jobs. But I guess you wrote a resignation letter and the company has confirmed everything in writing to you. This is good to keep handy.

Hi Gravitas.

I see.. But If they not shortened the permit, they dont want to cancel my permit and i already resign.
Means i can still reside in Malaysia under their permit right?
Am i correct? or do some police will come and catch me?
err

Thanks.

Regards.
Darmadi Chandra

It would be illegal to reside in Malaysia in those circumstances. It means your resignation has not been accepted so you should continue to work.  Its best not to cross immigration or a company in Malaysia, as a person could end up getting blacklisted. They may report you if you don't turn up for work.

You need to check your tax with the tax office and not your company, as the latter may have made mistakes. You need a Leavers Form (CP21) from the tax office. Your company should help you with this. It basically means you finish off your tax situation with the current employer. The company may withhold some payments to you until they can release it when the form is finished and signed off by HASIL.

Hi Gravitas.

Yeah, ill confirm all the tax things ASAP.

Thank u so much for the explanation.
I'm quiet clear now about this EP and NOC things.

Because they kind of like to kept me in the dark bout this.

Regards.

Andi Hirawan

Hi, guys

I share the similar situation with Andi.

My working permit is 2 years and I have been working for the agency for 6 months already.

Now, I got a better offer from another Malaysia Company and would like to switch me to their company directly.

For my case, I don't want to go back to my home country then apply for the working permit and have to pay the tax again. And I heard a friend who had the similar experience, saying that if I can get the NOC(No Objection Certificate) from my current company, I can switch to another company directly.

For Andi, may I know how is you situation now?

For Gravitas, can you kindly advise me how to deal with it? Because the new company require me for the project urgently and if I have to resign from my current company and go back to apply the working permit that will cost a lot of time. And I think I have to pay for the tax again, I have paid 6 months, that will be quiet a cost for me again.

Appreciate your help!

Hi Ted.

how long is ur contract actually? and will ur company give NOC if u resign?
i think ask ur new company to buy u out if they really willing to recruit u in this kind of situation.
btw
i already move to new company now.
thanks to Gravitas advice.

Andi Hirawan

Tax is related to the calendar year and 182 days for tax residency. So changing company does not affect that. You will need a NOC to get the new work permit. Your present company may not release you but you need their consent to work elsewhere (e.g. NOC).

Take a look at your contract of employment. Whatever is your notice period will apply unless you can persuade your current employer otherwise. Don't hold your breath. You will need to give some notice and only your current company and the issuance of a NOC will confirm what that period is.