Current company not ready to give NOC

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.

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.

Hi my current company not providing NOC.

I got another job in Malaysia,
My new company want to initiate new visa for me
Now they can initiate new visa without NOC from previous employer?
Is it possible?

Do I need to take exit ?

If I need to take exit , do I need to go only India or any other country I can't travel?

If you read this article by an immigration specialist it will answer your questions

https://www.fragomen.com/insights/blog/ … s-malaysia

I am writing for those who are here.
@Gravitas is completely wrong. this person is lying.
I was stuck in a bad situation my employer not giving salary and not clearing my tax, not giving me NOC too.
I was scared to take any step against my employer. But when my employer started extorting me and threatening me.
I immediately went to INDIAN EMBASSY. The lady called my employer and the employer told that i did a criminal act hence he is not helping me, I got even more scared.

The embassy lady gave me, Malaysian immigration officer email. I mailed him my situation AND.....
he called my EMPLOYER, then my employer was even more scared than i was, He called me the same day to clear my tax, and gave me NOC too.

Dont be scared with these employers. GO to MALAYSIAN IMMIGRATION OFFICER, they will definitely help you. if you need my help telegram me at @DAOdAppDev

i didn't get salary but got NOC and tax clearance easily.

the EMPLOYER DOES NOT HAVE ANY RIGHT NOT TO GIVE YOU YOUR SALARY.
Putting some more tips in the next section.

Tip 1: The employer thinks you are very scared to take any action against them so they try to extort you, bully you and not pay you. You don't have to worry be brave because once you try to push them like make them spend money on you to get rid of you. They will be more scared than you.

Tip 2: Go to Malaysian immigration officer. I mailed him, he called me to his office and i told him his matter. They will call your employer and trust me your employer will be scared. Because now he has to waste his time and money on getting rid of you. The employer will definitely call you to settle the matter.

Tip 3: Worst case, in case you are not able to reach the Malaysian immigration officer, send your employer a lawyers notice. DOnt worry, it will cost you only 300 RM or less. The employer will be even more scared of you and try to settle the matter without going to court. Dont worry you don't have to pay more to go to court. Only the notice, which will scare your employer and try to get rid of you by giving you all you need.

Because in the end the employer expect money from you, you are their cattle, if you don't get them money they will trouble you but if you play with them by sending lawyer notice then they have to spend money on their lawyers to get rid of you which they don't want. Hence will try to settle stuff with you immediately

@Vikram1991, thank you for sharing your experience. Usually employer should not be in to such a harsh! however given the situations, Definitely there should be some kind of solution available as you explained if Employer trouble their FKW by not giving the NOC etc, the points described really helps - approaching to the authorities (Indian embassy / MY Immigration) will help to settle things

vikram1991malaysia wrote:

I am writing for those who are here.
@Gravitas is completely wrong. this person is lying.
I was stuck in a bad situation my employer not giving salary and not clearing my tax, not giving me NOC too.
I was scared to take any step against my employer. But when my employer started extorting me and threatening me.
I immediately went to INDIAN EMBASSY. The lady called my employer and the employer told that i did a criminal act hence he is not helping me, I got even more scared.

The embassy lady gave me, Malaysian immigration officer email. I mailed him my situation AND.....
he called my EMPLOYER, then my employer was even more scared than i was, He called me the same day to clear my tax, and gave me NOC too.

Dont be scared with these employers. GO to MALAYSIAN IMMIGRATION OFFICER, they will definitely help you. if you need my help telegram me at @DAOdAppDev

i didn't get salary but got NOC and tax clearance easily.

the EMPLOYER DOES NOT HAVE ANY RIGHT NOT TO GIVE YOU YOUR SALARY.
Putting some more tips in the next section.

Gravitas might have shared his experience and known process as per his knowledge from year 2017/18, lets respect his opinion and do help each other

Thank you both, for sharing your experience

Hi Vikaram ..
Please help me with your mail ID or mobile number so that we can discuss further on the NOC issue , I am also facing same issue

Hello Ravi5,

Welcome to Expat.com 

Please note that you can also get in touch with vikram1991malaysia through the private messaging. 

Cheers,

Cheryl
Expat.com team.

Hi, same issue facing now.. current company not providing NOC... Will the Malaysian immigration really help us???

Hi, even im facing same issue. Recently i completed my last working day May 19 2021. After 10 days i got new opportunity, but when new employer requested for NOC, then current employer said I will not provide NOC, its employer wish and you have to exit the country. Currently there were no flights, i have days baby and dont have DP for him. So cannot exit country and cannot switch to new employer. My visa expiry is on Sep 15 2021
Can anyone help in this situation

I have been running immigration advisory for a while now to advice that without Release Letter from employers, the only way to progress with EP applications is to exit the country... There were ways last year with MDEC's applications whereby we can appeal to Immigration Department but there is no way this year...Should you need help with MyEntry after exiting the country or to understand more of this matter, feel free to contact me at +60125083182

Dear Friends, I need your advise here. I  have been working here for a client though one of agency since 2019. Because of budget issue my client not willing to go with me so gave notice . I got termination letter from my agency that my "as a notice of termination" . My agency told me to look another job. I found one job but my agency is not willing to give NOC stating that they are offering another job which I need to work. They are offering a job with less salary and my skills are not matching with those technologies.

Now I am requesting them to provide a NOC so I can join another offer which I got. But they are not providing. Threatening me to leave the country . My visa is valid for only next 50 days. Is there a way to join new company. Need your valuable suggestion. 

Thank you.

One way what I know is the fact that You should get a passport for your baby, after that you can get a special stamp from immigration and you and your baby can go out from Malaysia.

Hi Ravi, Hope you are doing good. Did you find any resolution on your NOC issue. I have similar problem. Need your advise .

Need your help.

Thanks

Hi Sir,

I am coming to Malaysia on dependent visa. My wife is working in an IT company. I am  an accountant with 3+ years of experience. Is it possible for me to find a job at Malaysia on dependent visa and later to change to work visa.??? I am from India.
Thanks in advance