Employment Pass (Category 1) Cancellation and NOC

Last activity 02 June 2017 by PJMover

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goelramanMember01 May 2017 07:43:31

Dear Fellow Expats,

Hope you are doing well.

I am writing to you to seek for your kind advice regarding my Employment Pass (Category 1). I will be grateful if you kindly help me out.

I am currently employed (since May 2015) with a Technology Consulting firm in Kuala Lumpur. I have been working here since the last 2 years and have received appreciation and awards from the CEO as well.

However, I am now switching jobs and am joining a Strategy Consulting firm in Kuala Lumpur itself. The issue is that, because I am a critical employee with my current employer, the CEO is behaving in an unprofessional manner and threatening to create problems with my Employment Pass cancellation.

I have worked with my current employer for 2 years and have already resigned and am currently serving the 2 month Notice Period. The good part is that my current Employment Pass expires on June 30, 2017. I am aware that the EP process for switching jobs in Malaysia is as follows:

(a) My new employer will have to apply for DP10 (Stage 1)
(b) Then, my current employer will cancel my EP
(c) Then, my current employer will give the NOC
(d) Only then, can my new employer apply for DP11 (Stage 2).

I believe, there are 3 ways in which my current employer can harass me:

1. Not cancel my Employment Pass before June 30. But, since my Employment Pass expires on June 30, I can just exit the country and then come back again, after my new employer has applied for DP10 and DP11.

2. Not give me NOC. Again, since my EP is expiring on June 30. If my new employer applies for a fresh EP after June 30, do I still need an NOC from my previous employer?

3. Not give me tax clearance. In this case, I have my salary slips and EA form. Can I just visit the Tax office to get this sorted out.

I am sure that a few of you would have faced unprofessional behaviour from your employers while switching jobs in Malaysia. I request you to please advise me on this issue. I will be grateful for your help.

Warm Regards,

Your fellow Expat

PJMoverNew member02 June 2017 04:32:49

During some casual conversation with my HR Manager on a dinner, I throw this question to her. What I understand from her answer is that if your current employer don't give you an NOC in case of a job switch, you will have to go back and wait for 6 months which is called cooling period. Once it's over only then your new employer can apply for your EP.

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