Hi,
looking for some advice-I am currently working in Sabah with my contract and work permit due to expire end Oct/start Nov. I am due to go back to the uk for a holiday next week but have decided that I don't want to come back. My contract states that I am to work 3 months notice which I'd be fine with but my contract and permit hasn't been adhered to. I am meant to receive RM5000 per month salary but instead of any basic salary I only receive a % of my sales figures-i do normally achieve over this figure but sometimes it has been less. My Professional association in the UK are quite happy that I don't need to do my notice I think. I don't think my boss will cooperate easily in terms of me getting my leaving paperwork signed and tax cleared but I will try my best to make sure it is done properly myself if not. Is there anything my boss can do to cause me any problems with immigration here either now or in the future? Would there be any amount of time I would have to stay out of Malaysia for? I know it would depend on the situation and my boss may even try to blacklist me. Thanks for any advice, it's much appreciated.
Work permit and contract not adhered to
The only real problem is not sorting out your income tax properly before leaving and of course being reported to immigration which could mean a problem getting any job in the future. I guess there is probably a grey area around your tax as well. If you did the annual tax return required in April, at least there is a papertrail. Matters like this are a bit different in Sabah, but it has been a requirement to show salary payments into bank account when a new employment pass is applied for (plus of course tax in order - the worst scenario being the employer has not been paying your tax to LHDN so in effect you would owe tax on everything.
Thank you Gravitas. I submitted with the help of my employer and paid my tax in April(well have paid in instalments over the last few months after writing a letter to LHDN) . As far as I am aware I have paid everything for 2017. I haven't paid any tax for this year yet but am prepared to pay my tax bill before I leave. Would you say I'm quite within my rights not to work the notice period given the contract hasn't been adhered to?
The issue is the WP is kinda fake i.e. no salary was actually being paid. So your position is a little weak. But of course the employer is also implicated. I doubt either of you will want to shout foul. So I guess nothing will happen if you do just leave. Taxwise you need a Leavers Certificate from the employer to sort it out. But if this is not done on leaving, you will just be asked to pay back tax if you do return and get another job offer.
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