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Current company not ready to give NOC

Hi Experts,

I been working in malaysia since March 2015. As promised me in india my current company not provided anything. since i searched the new job and got it also. But when i send the resignation letter with proper notice period i am getting calls from my current company stating that we cant give NOC do what ever you want . Kindly let me know how to proceed in this case.?

I can imagine the company are angry with you as you have wasted their time and money by resigning before trying to sort out the problems amicably.

You can leave the job, but you wont be able to work again in Malaysia unless they give you the NOC. You will be blacklisted and working illegally if you go to another employer without a NOC.

Last resort, get your current work permit cancelled by the company - they may charge you as well and leave Malaysia.

You cant win this one.

Hi  Admin,

Thank you for the reply. Is that possible that company can threaten like this..? Even though i am ready to serve the entire notice period.?

Yes they are well within their rights to do this. It sounds as if there is no way back now, but you may be able to negotiate a financial penalty i.e. agree to pay their expenses for hiring you including immigration charges, for the NOC. You really have not given them a chance so I fully understand they will not release you.

Did they accept your resignation even?  If not and you leave you will have even more problems. You will technically have abandoned your job.......

Is there any chance that i can apply anyother visa and stay over here without EP.? And when my EP cancelled by my current employer and how i will get notified ..?

No it does not happen like that. You can only have one pass at a time, e.g. an EP or a Tourist Pass.

You need the NOC to get another employment pass. 

If you just go to another employer they cannot apply unless your current EP is cancelled

I guess your employer will blacklist you with immigration. You would then need to leave Malaysia when you leave your current job as the EP is not actually valid - you quit.

You can only have one Pass at a time, so that will also mean you cannot return to Malaysia because of your blacklisting and cannot apply any other Pass (Tourist, Business etc.).

This is a very serious situation and you have to try and sort it out by talking to your employer.

Hi guys
i am in the similar situation here. need your input:
- i have 2 years contract with current employer, 2016-2018
- after 1 year decided to tender my resignation and plan to move to other permanent position with better package.
- my current employer keep on stalling to cancel my EP even i have fully served my notice period. i cant move to new company.
- i am worried that they want to keep me around until 2018,
- i also worried they will not give me NOC

my question are:
1. is this legal and common practice? 
2. do i have any power to force my employer to cancel my visa and give NOC?
3. i have no problem if its required me to pay any reasonable penalty to cover their loss (visa, ticket, accommodation etc)
4. should i keep on working until my visa expired?
5. what should i do?

my question are:

1. is this legal and common practice?  YES BECAUSE THE COMPANY HAS THE RIGHT NOT TO ISSUE A NOC AS THEY MAY HAVE HAD EXPENDITURES TO HIRE YOU AND THEY WANT CONTINUITY FOR THEIR CLIENTS. THEY HAVE TO CANCEL YOUR EP SO YOU NEED THEIR COOPERATION.

2. do i have any power to force my employer to cancel my visa and give NOC? NO YOU HAVE NO POWER AS YOU HAVE SIGNED A CONTRACT WHICH IS LEGALLY BINDING, BUT CHECK THE WORDING THOROUGHLY.

3. i have no problem if its required me to pay any reasonable penalty to cover their loss (visa, ticket, accommodation etc) YOU COULD NEGOTIATE COMPENSATION TO THEM - THEY MAY WANT SOME TIME TO MAKE OTHER ARRANGEMENTS.

4. should i keep on working until my visa expired? YOU SHOULD TRY AND NEGOTIATE A MUTUALLY AGREEABLE SEVERANCE DATE

5. what should i do? DON'T QUIT YOUR JOB BECAUSE ANYONE WHO ABANDONS A JOB IN MALAYSIA WILL PROBABLY END UP BLACKLISTED BY IMMIGRATION (7-10 YEARS EMBARGO)

GENERAL ADVICE - ALWAYS DISCUSS PLANS WITH EMPLOYER AND DON'T JUST TENDER RESIGNATION AND EXPECT A SMILE.

Moderated by Sarvesh last year
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Hi,
I have almost same issue and need your kind input:
- My contract is for 1 year and EP will be expired on February 06, 2018.
- I have found a better and permanent offer.  That's why I have given my resignation to my current employer mentioning the last date 31st December, 2017.
- My tentative joining date range for the new employer is 2nd - 31st January, 2018

My Questions are -
-  If I extend my last date to 31st January, is it necessary to cancel EP from the current employer?
-  As my contract is for one year only and going to be expired, then if my current employer will not give me NOC then can I join in the new company without NOC?
- If no NOC given then what will be the process to come back to Malaysia and join in the new company?

Please help me to find the answers. Thank you in advance.

ubas123 - you are technically free to join another employer after the expiry of your current EP. You wouldn't need an NOC - that is only needed if the EP validity is shortened when changing jobs.

So if an employer will not provide an NOC to enable the new employer to processes an EP under their company name, you would have to leave the country and apply from outside.

Check the wording of your current contract of employment to see the terms you agreed to and if there are any expenses that may be reclaimed from you for breaking a contract.

@Gravitas, thanks for the quick invaluable reply.
One more question - If I leave the country and apply from outside before expiration of the current EP, is it possible?

Thanks in advance.

No, you can only have one current work permit (which is why the NOC is part of the new visa process and allows the new application to start immediately with a future date i.e. the current company is basically confirming they are not renewing your visa.

So the new company can either apply with the NOC immediately now, or wait until your current EP expires to begin the process.

If you do not get the NOC and start the new visa process, you have to leave the country for 2 reasons - 1. you wont have any valid visa to remain in Malaysia, and 2. you have to be outside the country while the Stage I process and VDR request are being processed (when the continuity is broken).

The NOC is useful to smooth the transition between employers, as then you would not have to leave the country. Visa processing takes time, and with the NOC it can begin immediately and hopefully get the Stage I approval in good time to start the new job on the intended date.

Just bear in mind that the new employer is also being vetted by immigration in terms of its ability to hire foreign staff and also if they have a vacancy in their quota to hire you at this point in time.

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