Hi,
I've been working here in Malaysia for almost 2 years now. I have decided not to renew my contract from my current employer. With the intention to work for another company here in Malaysia, I asked my current employer to issue me a NOC. but due to some dispute, they are not gonna give me the certificate. I would like to ask what are the process for me to have that new EP for new employer.
So far, what I knew is current employer has to cancel my EP coz even the contract will expire 2018 sept 04, they requested me an EP that will expire 2019 sept 04. Is it possible for my new employer to process my new EP before sept 4 as my current already filed the cancellation? Also, how can i make sure that they cancelled it? How can the absence of NOC affect the chance of having new EP?
Thanks in advance 
Change Employer without NOC
You need the NOC for a new employer to process an application.
Last year, my friend was in the same situation as mine. His employer didn't issue NOC for him. But fortunately, his new employer has successfully process his new EP but took longer than usual. Is this a new rule now? I mean the NOC to be mandatory to process new EP?
It's always been the rule. What normally happens is people have to leave the country because EP is shortened and no NOC at the time - a sort of mean penalty by the employer.
Sometimes its just about waiting until the expiry date of the EP has passed (no cancellation) and by that stage no NOC is required.
Don't know the details of your friend's case.
But if you leave the country you have to remain outside until approval and enter on a Visa with Reference (VDR) to take up new position.
Hopefully the new government will overhaul the procedures and stop the ability to refuse a NOC.
In the case that my employer needs to cancel my EP, is NOC still required? As mentioned, my contract is from sept 6 2016 - sept 4 2018. First time, I have a one year valid EP. Then when they renew it, its now valid for 2 years, meaning sept 4 2019. But I didnt sign any contract till 2019
Yes it's still part of the paperwork required for the new application. There is also the possibility of a 3 month cooling off period but you don't mention your type of EP. It affects Category III Professional Passes. I don't know if it affects Foreign Worker (temporary employment) passes.
https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf
You may have seen this guide. Annex D is also useful.
COOLING-OFF PERIOD REQUIREMENT
1. Employment Pass Category III holders whose pass have been renewed for two (2) times or 3 years in a row MUST leave the country and serve 3 months cooling off period to be able to apply for Employment Pass Category III again. Exemption is only given for cases of Employment Pass Category III converting to Employment Pass Category I / II.
2. Employment Pass Category III holders who are changing employers MUST leave the country and serve 3 months cooling off period to be able to apply for Employment Pass Category III with different employer.
3. Visit Pass (Temporary Employment) holders who wanted to convert to Employment Pass
(all categories) MUST leave the country and serve 3 months cooling off period to be able to apply for Employment Pass (all categories).
Thank you so much Gravitas
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