May I know what are my best option if my former employer is not willing to give me Release Letter?
Currently I am holding and expired EP due to Cooling-Off Period (COP), my EP expired since June 2020. And due to flight restrictions and flight availability, I was not able to leave Malaysia, my current flight ticket is booked end of Sept 2020, as it was cancelled twice already, from 7 Sept (Original Date) 13 Sep (2nd rebooking), so far no cancellation yet on the current booking date.
While waiting for my flight, I was to able secured a job offer but my new company requires me a Release Letter to start the process. My previous company then ask me to submit them copy of the Job Offer and Contract for them to issue the Release Letter, supposedly. However, they suddenly rejected my request. Now, they are not replying all my calls and emails, not even face me for physical meetings.
Moreover, I learned that my former employer issued release letters to my other former officemates with similar cases with me, expired visas due to COP, only that mine is June 2020 and theirs were July and August. So, I can feel that theres impartiality and unfairness on how my case is being treated. Besides, I have cleared everything to them last June, my previous managers even provided background checks to my new employer. The company also gave my performance bonus remitted August 2020 coz of my good performance and tenure for almost 6 years to the company.
Having said these, can you advise me what are my options? As HR Manager has denied issuance of my Release Letter, any government agencies can help me with my case? Is Industrial Court of Malaysia a proper venue for me to raise my case?
Thanks a lot.
Release Letter
As per MDEC, If the current employer does not issue a Release Letter, applicant is required to exit Malaysia and only can return to Malaysia after the approval of new Employment Pass application with the new employer.
For your case during this pandemic situation, you can consult here -
Malaysia Digital Economy
Corporation (MDEC) Sdn Bhd
2360 Persiaran APEC
63000 Cyberjaya
03-8315 3106/3157
Hello, did u find any solution for this now, as i think im in the same situation, and really want to finished this problem.
I finished the contract since august 2020, and now getting a new job.
But previous company refuse to give me release letter since august 2020.
Hi i would like to ask also now Im in the midst of processing of my ep but the mdec informed that they cannot verify the release letter because the signatory responsible of my release letter cannot be contacted. I reached my previous company hr and he said the hr manager already resigned and they will issue new release letter for me. Kindly need your advise is this possible if they issue new release letter for me without disturbing my current mdec process? What should i do for now? Thank you
@Anyesmp hello when mdec ask for signatory person is it the person who signs the letter? Or the HR who takes care of visa related thing
The main reason most employers do not provide release letter specifically for EP application is because Malaysian immigration requires the exact release letter template they provided, word-by-word, no modification is allowed. Problem is the last paragraph of the template where it stated "Pihak kami juga tidak mempunyai apa-apa halangan bagi beliau untuk bekerja dengan syarikat lain di Malaysia."
tidak mempunyai apa-apa halangan = no obstacles or no barriers or nothing preventive
From legal perspective, the term is so broad that it covers everything under the sun. This can be company confidential, IP, etc.
If the template can be modified slightly to be a bit more specific, eg. responsibilities on completing projects or tasks, I think more employers will be willing to provide the letter.
Hope this helps.
Hi,
If ever a company is not willing to provide a release letter and you got a job offer from a new company, do you really have to fly back to your home country or you can go to Thailand or Singapore and process your Visa application with the Malaysian Embassy located in SG or TH?
My company give me my release letter but now we want to continue working together. Is it possible to cancel or delete in the Mdec website that release letter? If the answer is affirmative, how is the process?
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