Former company refused to issue Release Letter - can I sue them?

Last activity 06 January 2021 by bose@My

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kioto0607New member17 July 2020 02:23:30

Hi guys, I have a big concern about Release Letter.

I have ended my contract with my former company since May 2020. My plan is to return to my home country, however I have stuck in Malaysia due to Covid-19 and MCO. Now I have found a new job which allows to afford my life expense here while waiting for commercial flight operation. However my former company refused to provide me a Release Letter and said my case is not belonged to their exceptional circumstances.

I have 3 questions:

1) May I know is it legal to not provide an ex-employee a Release Letter?
2) Can I sue them for blocking my opportunity to apply for a new job?
3) Is there any way to process a new EP (transfer from EP III to EP II) without a RL and no require you to exit Malaysia then entering again by a calling visa?

Thanks in advance.

naidumonishaMember18 August 2020 12:59:25

Hi,
Did you get any answer because I have the same situation, I want to understand if I can sue my ex employer for not providing release letter

NemodotViP18 August 2020 14:55:31

2119

Of course not, you broke your contract! (I assume from the context). If the contract legally ended then contact immigration. If not contact a lawyer.

zolaghassani14New member20 October 2020 04:16:12

Hello, did u find any solution for this now, because i have the same issue, which is my contract finished since August 2020. And now i find a new job that giving me EP II (before was in ep3)

I really want to get out from this situation..
Thankyou

kioto0607New member20 October 2020 09:18:10

zolaghassani14 wrote:
Hello, did u find any solution for this now, because i have the same issue, which is my contract finished since August 2020. And now i find a new job that giving me EP II (before was in ep3)

I really want to get out from this situation..
Thankyou

I already returned to my home country to wait for calling visa. Here is answer from MDEC for my release letter problem (even though I finished my contract legally). Hope it could clarify your problem.

"Please be informed that company has right not to issue Release Letter. In addition, issuance of Release Letter is subject to company’s Agreement with Employee.

However, please be informed that the applicant will required to exit if no release letter is provided. As such kindly clarify and negotiate with your company accordingly."

kioto0607New member20 October 2020 09:19:15

Nemodot wrote:
Of course not, you broke your contract! (I assume from the context). If the contract legally ended then contact immigration. If not contact a lawyer.

No my contract legally ended.

bose@MyNew member06 January 2021 02:10:04

kioto0607 wrote:
zolaghassani14 wrote:
Hello, did u find any solution for this now, because i have the same issue, which is my contract finished since August 2020. And now i find a new job that giving me EP II (before was in ep3)

I really want to get out from this situation..
Thankyou

I already returned to my home country to wait for calling visa. Here is answer from MDEC for my release letter problem (even though I finished my contract legally). Hope it could clarify your problem.

"Please be informed that company has right not to issue Release Letter. In addition, issuance of Release Letter is subject to company’s Agreement with Employee.

However, please be informed that the applicant will required to exit if no release letter is provided. As such kindly clarify and negotiate with your company accordingly."

tough time! did you get your new EP from new client? as the travel restrictions and the EP process taking more time than the normal

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