Menu
Expat.com

Change Employer without NOC

Post new topic

braidsencurls

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 :)

Gravitas

You need the NOC for a new employer to process an application.

braidsencurls

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?

Gravitas

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.

braidsencurls

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

Gravitas

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).

braidsencurls

Thank you  so much Gravitas :)

Articles to help you in your expat project in Kuala Lumpur

  • Visas for Malaysia
    Visas for Malaysia

    Before traveling to Malaysia, it is advisable to check with the nearest Malaysian Embassy or Consulate regarding ...

  • Work permit in Malaysia
    Work permit in Malaysia

    Malaysia is a growing financial, technological and commercial hub in Southeast Asia. Kuala Lumpur, its historic ...

  • Business license in Malaysia
    Business license in Malaysia

    Malaysia is a country full of opportunities. It is an essential economic platform in Southeast Asia. Therefore, ...

  • About Malaysia
    About Malaysia

    Getting into Malaysia is ain't that easy, But if you prepare yourself carefully, you might be able to ...

  • Kuala Lumpur's neighbourhoods
    Kuala Lumpur's neighbourhoods

    Kuala Lumpur is a real megalopolis, surrounded by suburbs and neighborhoods so different from each other that they ...

  • Buying property in Kuala Lumpur
    Buying property in Kuala Lumpur

    When you plan to move to another country or another city, your first concern is undoubtedly where you are going to ...

  • Getting around Kuala Lumpur
    Getting around Kuala Lumpur

    One of the advantages of moving to Kuala Lumpur when settling in Malaysia is the quick access to many facilities ...

  • Universities in Kuala Lumpur
    Universities in Kuala Lumpur

    Kuala Lumpur is ranked second in the world in terms of affordability of higher education. The city is a thriving ...

All of Kuala Lumpur's guide articles