Clarification on Release letter /No Objection Certificate (NOC)

SP6789 New member

3POSTS

5 years ago

Can the employer deny the Release letter/NOC even though the employee was residing in Malaysia even before the commencement of employment (Employer did not bring the employee to malaysia) and has completed the contact as signed and agreed?

Has any one filed any cases previously or complained to law enforcement agencies regarding this kind of exploitation by the employers ?

Please help to clarify.

See also

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Cheryllau Active member

47POSTS

5 years ago

So sorry to hear this but unfortunately the employer is given the right in regards of provision of NOC…

In this scenario, the only way for the employment pass under the new employer to progress is to exit the country.

Once approved, you need to apply MyEntry permission to enter Malaysia.

I have helped countless expatriates to successfully obtained MyEntry. In addition to MyEntry, I provide advisory for full procedures/documents to come in Malaysia smoothly.

However, May I ask which country are you from? There are some countries of which the Malaysia Government has banned to enter Malaysia due to Covid 19 such as India, Nepal, Bangladesh, Pakistan, Sri Lanka…If you travel to these banned countries, MyEntry will not be approved..

I am contactable via mobile 60125083182 / cheryl@ashdanconsulting.biz

Do contact me for further advisory.

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SP6789 New member

3POSTS

5 years ago

Thank You Cheryllau for your response.

I am from India.

I am eligible for dependent pass as my spouse is on EP, I am planning to move to DP and then to EP. Is this fine ?

I was initially on DP and later moved to EP for employment and the current employer is denying NOC.

Also planning to file complaint as this is mere misuse of power to hold employees.

Cheryllau Active member

47POSTS

5 years ago

Hi,

May I clarify from your post that you are already holding EP now and not DP?

If you are still holding DP wanting to apply for EP, release letter is not required and you can stay in Malaysia throughout the EP application provided the salary is above RM5k.

However if you are holding EP now and need to change employer but current employer not providing NOC, the only way to progress the EP is to leave the country. Unfortunately the employer is given the right to issue/withhold NOC.

If the latter is the case, I’m sorry for your predicament and I can only advise to exit to countries that are not banned

SP6789 New member

3POSTS

5 years ago

Thank You Cheryllau for your response.

I am currently on EP and employer is willing to allow me to go to DP but not to EP. Once moved to DP, planning to raise request for new EP later.

I feel its better than travelling in the current situation followed by quarantine.

Do we have any documentation reference on law stating that employer can deny NOC or any previous Awards in the court etc?

Employers are misusing the current pandemic situation / closed borders to force employees to work for them only even though employee is not liable to do so as contract is completed.

kiran0503 Member

1POSTS

3 years ago

Hi all,

Good Morning.

On this note, I would like to know why employers are given the provision to either provide NOC or withhold it. This is because, it's happening only with agencies and that too, most of the agencies are providing NOC as they feel it is unfair to the employee by asking them to exit the country. But very few agencies still not providing NOC's and they think like this as black-mailing them indirectly to cancel the resignation because employees can have multiple family/financial/other reason to exit the country and come back.

When do we not provide No Objection Certificate (NOC)? if an employee has any bad conduct, bad allegations or any other negative feedback from client. But irrespective of this, few agencies (my current agency as well) is not providing NOCs to their employees and playing with their career in terms of growth.

So Please it's high time to request government to revoke this law as it is being misused by few agencies.