Bond mandatory for employment pass?
Hi
I have been working in Malaysia from past 6 months 2 months back my HR officials took my passport stating that they need it for employment pass, Concurrently they gave me a bond agreement to be signed which they said is the usual formality to be done before having the employment pass
I would like to know two things first is there any Mandatory formality for signing a bond before having the employment pass
To be more precise i would like to leave the Job immediate if there is no such mandatory clause as i dont find the company much ethical in there practice and even today i haven't received my employment pass
What will be the legal impact if i leave the job and go back to my Country absconding
Kindly advise as it will be great help
There is one major problem. You seem to be working illegally in Malaysia, because you entered to take up the job on a tourist visa instead of a Visa With Reference and do not have a work permit to this day.
There is another thread about this type of job scam - please read it carefully - https://www.expat.com/forum/viewtopic.php?id=738675
The Bond system only applies to foreign workers, not professional EPs.
Thanks for the feedback Gravitas
But can you please clarify this statement "The Bond system only applies to foreign workers, not professional EPs"
As i am an Indian and also an IT profesional
There are two EP systems, one is the Professional DP10 kind of application with 3 categories depending on salary i.e. Cat I - RM10k upwards, Cat II - RM5k-10k and Cat III RM2500-4999.
The other category is casual unskilled workers - although it does seem that ASEAN nationals are sometimes recruited under that system for call centre jobs etc.
This guide explains the Professional EP system - https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf
The issue with you is that you don't have any clearances such as security check and Visa with Reference upon which both EPs operate to allow legal entry to Malaysia. (The FW passes also have a medical before departing home country and after arrival)
The Foreign Worker system has bonds http://www.imi.gov.my/index.php/en/foreign-worker.html
Thanks for the Feeback Gravitas
Kindly share the link where I can check my EP status
In case I need to surrender what will be the fine I will have to pay, During surrender does the immigration department contact my employer
What is the process of surrender and will that can be done directly at the airport
Do I need to have a flight ticket before I surrender
and also please let me know the contact address/ mail id where I can proceed my surrendering
A professional EP can be checked here:
https://esd.imi.gov.my/portal/application-status/
Thanks For the Link Gravitas
Hope you can clarify other issues also which i have mentioned above.
Hi Trying to find the EP status through the link which you have shared, It's showing as no records found
However i might be adding a wrong company registration No , Can you please help me where can i find the company registration number online
Hi Gravitas
I have been enquiring my officlas for EP from quite a few months and as of now they are saying the EP is in process and the payment has been made
I would like to know which stage of process my EP is in and will it take time to reflect in the system as till date I am trying to find in the link which you had shared
It shows Record Not found
You should ring or email to get clarification. Of course it says "No Record Found" if the company has not actually made the application.
This is the MDEC contacts rather than the ESD - https://expats.com.my/expats/contact/
Thanks Gravitas
What to know how true the below-given fact is
You cant exit the country if the EP is in process
is it true?
But you are in the country illegally....... so the application is going to be rejected until you leave and are outside the country.
The rule is clear - person needs to remain in home country until Stage 1 approval has been granted. In the case of an Indian citizen they also have to get a Single Entry Visa (from Malaysian Consulate in Mumbai, New Delhi or Chennai) before they enter. This requires the Approval letter from immigration.
You have neither approval or arrived on a SEV, I believe? You arrived in Malaysia on a Tourist visa (social visit pass valid for 30 days)?
The company cannot even apply while you are in the country.
So they are keeping your tax deductions and now trying to cheat you out of some "Bond" which does not even exist for Professional Employment Passes.
As long as you still have time left on your social pass, and your Passport in hand, LEAVE!
If you don't find the company ethical (and your situation pretty much defines that) then just step on the next plane out of the country.
As you don't have a work permit, there cannot be any recourse on the part of the employer, as the would have to admit they are employing you illegally, and that is not likely.
So, if you have time left on your current social pass...get the hell out.
Thanks for the feedback
Can you please let me know what if my social pass has expired can I still get that extended
And during the course of extension or surrender in case ,will there be any interrogation or enquiry from immigration or high commission with my employer
It is not possible to extend any pass that has expired. That needs to be done before it expires.
Enforcement will interview you and it is up to you what you tell them. It would be best if you have already booked a flight out of Malaysia when you go to Putrajaya. You do need your passport.
Follow The instructions are on the webpage link http://www.imi.gov.my/index.php/en/enforcement.html
Division: Enforcement
Address:
Malaysia Immigration Department Headquarters
Level 4 (PODIUM)
No 15, Persiaran Perdana, Precinct 2
62550 Putrajaya Federal Territory
Phone no: 03-88801298
Fax no : 03-88801310
Staying In Malaysia Beyond The Approved Period
Staying in Malaysia beyond the period allowed is a violation of section 15(1)(c) of the Immigration Act 1959/63, an offence under section 15(4) of the Act.
1. Requirements Checklist
When dealing with the Malaysia Immigration Enforcement Division, please bring along the originals and copies of the following documents:
i. Passport / travel document (all pages are intact);
ii. Police report (in the case of lost passport);
iii. Any evidence of overstaying;
iv. Plane / bus / ferry ticket (depart within 7 days)
Again I am asking the same question will there be any interrogation and enquiry with my employer
Please I need a answer of this
If the employer wants to go to Enforcement with you, then they will be involved.
Hi
It has added more concern that my social pass has expired i.e the six months validation has expired
I would like to know what is the other way round, Will I be getting any other pass like special pass etc to exit the country
Kindly revert to its more than important now
No other Pass is issued. You will just leave the country .
If you write to mustaq7520 (who is also a member here on expat.com) he recently left Malaysia to return to India because of immigration problems. So he may be able to tell you the process.
Hi Gravitas
There is a small possibility that MY EP is in stage 1 process and is in rejected status due to incomplete documentation
In that case is it legal or offensive to leave the country won't there be any issue in immigration if i apply for out pass or special pass
I have nothing more to add. Seems you don't understand much about immigration with bond issue then stuck application when you are already working in Malaysia.
You can't apply for any permit, pass or visa from inside Malaysia. Only the employer can. The Special Pass would be via their application not yours but it would be rather late for them to offer this option and the circumstances don't seem appropriate.
You have nothing to extend because your social visit pass has expired.
Suggest you decide whether to exit through airport or not, and stick to your plans.
Can employer put request for EP even if the employee is in malaysia ?
How is that possible ?
NO - immigration rules say the first application for both the Foreign Worker or the Professional Pass have to be made while the person remains in his current country if already employed overseas, or back in his own country if normally resident there.
A Visa with Reference (which states the person is entering for employment purposes) is required to enter Malaysia, if that nationality ordinarily requires a visa to enter the country.
Medical and security clearances have to be carried out during the first application by the employer. The recruitment can only proceed once all these requirements are completed.
FW - http://www.imi.gov.my/index.php/en/foreign-worker.html
PP - https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf
Correct gravitas
Murlinarayan want to say that his employer have applied for EP, since murli is in malaysia .. the application is rejected due to lack of doc. He have decided to exit the country . He wants to know if there will be any problem in immigration while processing the out pass as EP is in verification process
Yes, all details and options already discussed earlier. He knows he has to surrender at immigration in Putrajaya but seems to prefer trying to leave and facing immigration at the airport. He will be deported either way, because he has overstayed his social visit pass (worked illegally). He will doubtless be banned from re-entering Malaysia.
He wants to know the different processes - at Putrajaya -v- airport - to choose his favourite option. He has been connected to another member who has been through the process, to obtain some first hand experience.
Anyone else who has information on the deportation process is welcome to post.
Vikku80 wrote:I have already spoken with the indian high commission in malaysia and they are helping for an exit .but will be ban for 5yrs ... in that case will my employer will come to know that there is any exit on my passport .. or MDEC will inform my employer
This person has gone to the Indian High Commission for assistance.
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