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Employer not issuing Release letter and Cancel passes

Last activity 12 May 2023 by AmnaSheikh

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bodureddy

Hi,
I resigned from my job (Category2) recently after giving notice period and the company accepted my resignation and  issued resignation letter. But now they are delaying my release letter and stating in my resignation acceptance letter that I must give any of the following  to cancel my pass and to issue release letter.
1. A copy of valid flight ticket
2. Offer letter from my new company

My new employer is not ready to send my offer letter to my old company. Moreover, I don't want to leave Malaysia for changing the company(same industry)

Now, my company official said, they can't issue release letter or cancel my passes before I submit the above docs to my old company.

My questions are:
1. Can I claim salary from the date of my resignation letter until the date of actual receipt of release letter.
2. Is it a must to give A copy of valid flight ticket, Offer letter from my new company to cancel my existing  employment pass?

Thanks

fayzandotcom

Hi,

Your visa is through MDEC? Which industry you are in?

In order to cancel your current visa you must need either flight ticket showing that you are exiting from malaysia or your new visa application letter that your new company is applying for your visa.

In the case of MDEC following is the visa cancellation process.

1.       Previous company have to initiate the cancellation in the system.
2.       The new company (ICT or MSC status) have to submit the 1st stage document through online & they have to request for acknowledgement letter to do the physical cancellation.
3.       Previous company must collect the acknowledgement letter from new company and do the physical cancellation at Level 3, Immigration Cyberjaya.
4.       After the EP has been cancelled, please submit the cancellation page to MDEC office for our next action.
5.       For new company, once approval received they have to proceed for the 2nd Stage Submission.

The checklist for cancellation.
1.       Original passport
2.       Copy of flight ticket (if applicant leaving Malaysia) / Acknowledgement letter (if applicant transfer to new company)
3.       Cover letter to Immigration Department
4.       DP11 form (EP) / DP11A form (DP)
5.       MDEC charges – RM106 Company cheque / bank draft payable to MDEC
6.       Authorized letter (if directly deal with JIM)

Regards,
Fayzan Siddiqui

bodureddy

Hi Fayzan,

Thank you so much for your detailed reply.
I work under Services sector and applying not through MDEC.

Are the procedures similar for services?

Please advise Is it a must to give a copy of valid flight ticket or Offer letter from my new company to cancel my existing  employment pass? Basically, I don't want to leave Malaysia for this process.

May God Bless

fayzandotcom

Not sure about the exact process for service sector. But I think immigration must require either of it. Because they need to know the reason (with proof) that why your visa need cancellation. Their are only 2 situations when applicant need to cancel the visa, either leaving the country or changing employer. And they need proof in both cases.

Your new company already applied for your new visa? If yes then ask them to provide acknowledgment letter of your new visa application. That letter you can provide to immigration for your current visa cancellation.

bodureddy

Hi Fayzan,

Thanks again for your reply.

Your new company already applied for your new visa? ==>>> Not yet. because, now my new company asking me release letter to start the application.

How long my current employer can delay my release letter after issuing my resignation acceptance letter? Can we claim salary if they delay too much?

Is there any possibility to stay in Malaysia and join my new company without leaving Malaysia?


Please advise.

Thanks

fayzandotcom

They should give you release letter after you resigned. Should be after 1 week at least. Do you have any issues with the employer?

Your salary should be until your last working day.

Its possible to stay in Malaysia and transfer visa. But your current employer must cancel your visa first and issue you release letter. Then only the new company can apply visa for you.

bodureddy

Thank you for your reply. Appreciate.

I don't have problem with my current employer but they want me to continue with them.

After they issue the release letter, what should I do to continue in Malaysia for getting my new passes from new employer?

Could you please advise.. thanks

fayzandotcom

submit your release letter to new employer so that they can apply for new visa. And ask your current employer to cancel you current visa.

bodureddy

Great. Thank you for your  support.
May God Bless

user2

I am working in company A and I having an offer from company B,
Am having a better workplace, better career, salary befits from company B
I have two years contract from 2017, Dec to 2019, Dec in company A, Now am completed 1 year
and got an offer from company B
I discussed with company A HR and I explained to them but they are saying they won't release me.
Please advise on this because current employer not processing visa cancellation and tax clearance

fayzandotcom

You are welcome! :)

if any other query. Feel free to ask.

fayzandotcom

Hi,

Do you have any bond for 2 years in contract? If so then you much have to complete the then only your company A can release you.
Other option is you can ask your company A that you want to go back. They will cancel your visa then you go back and then apply again for company B.
The point is, as far as I know, without release letter being issued by company A you can't join company B while staying in Malaysia.

Regards,
Fayzan Siddiqui

user2

It is not a bond, it is two-year visa contract.
Company A, they won't give NOC / release letter. So what new employer says that resign mail is enough and suggested that to cancel my visa, by exit Malaysia and initiate the stage 1 process.

But the issue is the Current employer says they will not do cancellation and ask me to complete one more year.

fayzandotcom

In this case you can tell your company that yo want to go back for any valid reason and want your visa to be canceled. Then exit Malaysia and apply again from your home country.
But make sure company A will not blacklist you because you are terminating your contract.
If their is a risk, I suggest to keep good relation with company A, serve one more year and when contract finishes then make your move.

user2

Can Company A blacklist me? For what?
For asking release, because having better and wanted to learn a new domain,  of a new job offer.

francismanalo2790

Good day Fayzan and I hope this email finds you well. Sir, I would like to ask for your assistance about my current situation here in Malaysia. I was terminated by Company A and was hired by a Company B. However, Company B is requesting for a release letter but Company A is not providing Release Letter according to their company policy. What are the options available for me as I need the job given the pandemic situation? Hoping for your assistance in this matter. Do companies have the rights to do that?

Shaunashaun

Hi.
What if visa is already expired?
But old employer have issues with me. I also lodged a police report against him due to some personal issues. Now i have special pass and a job but dont have release letter. What should i do. I come under category 2

Andy512

Hi may I have just more info on your situation?

You can still start work under new company without the release letter?

Appreciate your kind reply

swapnabhavanam

Hi Shaunashaun, I can relate my friend in same situation . Could you please let us know who has applied the special pass to you . My friend visa will be expiring on Nov 30th, and he has offer in hand , but the ex employer is not cancelling visa /giving NOC , so can he stay here until the visa exp date and can apply for special pass ? Please suggest . Thanks

Anyesmp

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

nah buh ang
Hi, I'm working in my employer for 7 years , last previous 2 years I haved contract with them after finish contract they didn't renew untill  now ,but I'm still working with them, they just renewed my visa every year but the contract not any more . It is possible that I can get release letter from them?
Jesse Marshall

Hi, I want to know if you will get a release letter in case you get terminated? Thank you

AmnaSheikh

@Jesse Marshall Hi there. its best to get a lawyer's advice in such matters. You can give our family friend a call. Her name is Mrs. Rasvin. You can contact her on this number 016-3230579


Just let her know, Amna gave you her number. Best of luck!

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