Cancellation of existing EP II

Well as your current employer has to cancel the EP and give you  NOC (no objection certificate ie. releasing you from your contract with them) you have no choice but to tell your current employer. So its important to do it nicely.

If you just resign and leave the country, then you will also need to cancel your EP* and usually the new employer will need a NOC as well. This recruitment takes place while you are outside Malaysia and would require a Visa with Reference to enter if your nationality usually requires a visa.

*if it is not cancelled both in your passport and ESD database, no further EP processes can be started.

But I don't want my current employer to know my prospect new employer. Can I just resign, then let my company do the cancellation of my EP?

Then afterwards, new employer will be applying new EP for me? Or they still need the NOC that you are referring?

Doesn't work like that. Your EP is associated with your current employer and they have to cancel it. The EP is in your passport so you have to hand that to  your current employer.

You can of course resign, but do discuss it first because the company can refuse to give you the NOC or cancel the EP - then you are stuck without a job for the next 17 months.

Check your contract of employment to see if there are any financial penalties by leaving early. Check your notice period as well.

Once you leave amicably then the new company can recruit you. They can do this during your notice period as long as you have the NOC

As mentioned you can resign and go back to the Philippines and be hired from there by the new company. But you still need your current employer to cancel your EP in your passport and cooperate by also cancelling the position you currently hold with them in the ESD database. If they don't do this their NOC is still required.

Hi Gravitas,

I fully understand that my current employer will do the cancelling of my EP.
And my prospect new employer are fully aware of that.
I'm thinking of resigning on my current employer and serve the two months notice period.
I'm willing to take that two months. And my new prospect employer are also aware of that.

My objective only is to not my current employer aware of this new prospect employer. Why? They are competitors and I believe this current employer of mine will not handover me just like that.

What if I serve the two months period, then go back in my country? Then I don't need the NOC. Because they cancelled already my EP to them. They must, right? Because if they don't then you are telling me that until October 2019, I cannot get a job here in Malaysia. Is that correct?

Thanks,
Kuroro

Hi Gravitas,

My hunch is  correct. I'll just resign, serve the two months period as per contract.
Then, go back to PH. And I think my current company will cancel my EP II and also settle my tax.
Therefore, I don't need their NOC.

I would like to keep my new employer unknown to them. Again, they are direct competitor and my current employer may use their edge to revert my resignation with them. Besides, my prospect employer is aware of the two months notice. I actually told them it's 2.5 months, because I'm just expat here for two years. I have to resign in my country(mother company) as well.

Is there anything more that you can advise me?

Thanks,
Kuroro

By the way, do you have sample NOC, just in case?

There is one from MDEC - https://expats.com.my/expats/nonmsc/document-library/ but gives the general wording