Regarding stay in Malaysia without job even though with valid visa

Last activity 06 October 2020 by VJK

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Eshwar456Member23 September 2020 08:31:24

Hi team,
I'm currently staying in Johor Bahru, Malaysia. I have completed my project in May,2020. I have put my resignation in current company due to company management issues as they have not provided my salary properly. I have requested for NOC in order to join another company. My company didn't respond to my request properly and they didn't even pay my salary for the months of April & May,2020.

I have been requesting them to provide my last two months salary as I have already served notice period and got my tax clearance done.

Initially they told they would credit my two months salary after my tax clearance is done. When requested them to provide my last two months salary after tax clearance, they started behaving differently and ignoring my request for my salary.

Also they not even providing NOC documents in order to join another company.

It's been more than 4 months since I have any income. I have finished spending all my money and reached rock bottom now. But my company is still not providing my salary and NOC.

I have a valid visa until Dec,2021. But the company is asking my passport for cancellation instead of providing me NOC. May I know any suggestions for me.

When I requested them for NOC, still they did not respond me properly.

Can I wait until December,2020 without salary? Do I need to pay any tax for these months which I have not earned single penny for these 4months(since June till date)

Please help me on how to proceed whether is it ok to stay till December,2020 without salary?

cvcoMalaysia expert05 October 2020 10:42:21

1219

I understand your problem but not sure how to reply. As to immigration, to my knowledge they are not making trouble for overstayers while MCO is in effect but you have to keep checking their website for updates. Since its a crime not to pay salary, I would first make a police report at a station so there is a record, and also contact the labor department to see from them if there is any action they can take or if they recommend you talk to a lawyer. A call to the employer from the police might end the problem. Also, you should immediately start a lawsuit with the Tribunal court. This wont cost money, your case will be heard in about a month, and the employer will be forced to come to court to either pay you or explain to the judge why they wont. https://ttpm.kpdnhep.gov.my/portal/home

NemodotViP05 October 2020 11:16:25

2120

I agree cvco and the employer is prob trying it on expecting you to go away without a fight.

And/or they have no cash and are going bankrupt themselves.

VJKMember06 October 2020 02:21:54

Sorry to hear about this.

But, I dont see why the company is obliged to provide you with a NOC to get a job in another company. As far as I know, it is entirely upto the company whether to give NOC or not. If your demand is for the NOC, I feel it is something that you cannot demand as a right. The company's obligation is to make the cancellation at the immigration office after getting your passport, and provide you with the two months salary.

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