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Sponsored by one company but working for a different company

Hi all,

I'm hoping to find some information from anyone who may have had a similar work arrangement offer to mine.

I've been offered a job in Kuala Lumpur however the company itself is not in a position to formally hire me just yet. They are currently in the process of applying for MSC status and, as I'm a foreigner, they cannot officially hire me until the process is complete which may take a considerable amount of time.

As we both do not want to wait so long for me to begin working there, they have offered me an alternative solution. The boss of this company (A) said they can get another company (B), which already has MSC status, to sponsor the Employment Pass for me.

Basically, I will have company B named on the Employment Pass but I will work at the location and be paid by company A. Just to note, these 2 companies are not related and are completely separate entities. The bosses from both companies are friends and I was told it would be simply be a favour between friends.

I've tried to find information about this online and the only thing I can find was from the Expatriates Services Division site at https://esd.imi.gov.my/portal/expatriat … ment-pass/

It states on this page that "Expatriates may only work for the company named in the Employment Pass." Because of this statement, I do not think it's possible for me to legally work under this arrangement. However, the boss from company A has assured me it's perfectly fine.

Has anyone else had any similar experiences and/or are working in Malaysia under a similar arrangement with 2 companies?

Any advice is greatly appreciated, thanks in advance!

It sounds dodgy at best so take great care.
One forum member is well up on local law so perhaps she'll see the thread and reply.

It is certainly not fine. It will be breaking the law. Income tax records will be assigned to your name under the company deducting your tax.  You have to submit those records to move to another company and apply for a new EP. You will leave yourself in a potentially vulnerable position with this deception in the longer term.

It is not necesssary to be a MSC company to hire foreign staff. The company just has to have the correct incorporation structure and paid-up capital to qualify. https://esd.imi.gov.my/portal/pdf/esdguidebook-v3.pdf

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