Switching job in Malaysia -Cancellation and renewal of Employment Pass

The process described is correct and will work if your current employer will agree to give you the release letter. Take a look at your contract of employment to see how much notice you have to give and if there are any other terms (non-competition clause, for example).

Your prospective employer applies for a post to be occupied by a foreigner. Once they have this permission, the next step is for the company to send in your resignation letter, release letter, passport copy of all pages, contract with new employer, CV and certificates to immigration to get your new employment pass.

As the passes cannot overlap you need to time everything well. But once you have an offer of employment and all the paperwork ready, you can work pending your new EP  in your new company, if everything else desribed above is in place.

Thank you so much Gravitas for your reply.

My official notice period as mentioned in the contract is of 3 months, but I am buying out 1.5 months.

There are no other terms mentioned in my contract. It is mentioned that an employee needs to give 3 months notice, but if he getting relived earlier, then he has to pay the amount. In my case it will be 1.5 months salary.

Hopefully I will get the NOC from my company.

So I wanted to know if my company will take the first steps to cancel my Visa/EP, and can it be done online?

After the cancellation process is started and confirmed, the company will provide me NOC letter, and then the new company can start the process of getting new Employment Pass. Am I correct here?

Also I heard that the cancellation of Employment Pass can be done with immediate effect or there can be some grace period of around 2 weeks. I am not sure about this. Do you have any idea about this?

Thanks again for your help.

Thanks & Regards,
Dinesh

Just to expedite your clearance process, I would suggest you to visit HASIL (income tax dept), reassess your income tax bring up-to-date.

Usually company will hold your final month salary till tax clearance is settled.

In general, the exit process is not always fruitful, please do expect some hard-time from your existing HR:-)

Hi Dinesh

Hope you managed to join the new company. I am in a similar soup- haven't resigned yet as I am not sure if I will get NOC or not......can you let me know:

1) how easy it was at your end
2) did you get your NOC
3) I have been informed the stage 2 requires NOC and an acknowledgement of application of stage 2 is sufficient to stay and work in Malaysia (cant travel till work permit granted post stage 2)
4) Did you again have to get your indian certificates stamped? where did you go? Indian Embassy in KL or back to India to get it stamped by Ministry of Home Affairs.

Would be very helpful if you can assist me

regards
rocky

Dear Gravitas

Request if you could also give your opinion on the following:

1) I have been informed the stage 2 requires NOC and an acknowledgement of application of stage 2 is sufficient to stay and work in Malaysia (cant travel till work permit granted post stage 2)
2) Certifcated could be stamped at Indian Embassy in KL or I would be required to go back to India to get it stamped by Ministry of Home Affairs.

Would be very helpful if you can assist me

regards
rocky

Hi Friends,

Currently I am working in Malaysia and got an offer from other company in Malaysia.
As I resigned from my current company and New employer had been able to approve DP10.
Now they ask me to cancel my current EP.

Can my new employer proceed for Stage 2 without cancellation my exsisting EP ??
Can I have a grace period to stay in Malaysia after cancellation of EP ??

Regards

Harpreet

As long as your offer letter from new company shows continuous employment across the two different employers, there should be no problems. Don't forget to sort out your income tax with HASIL as well before you join new company. Current employer needs to issue Leavers paperwork. I assume you already have the No objection letter (NOC) so the new employer can proceed.

Hi Gravitas

Thanks for your revert.

Well , My new employer hadn't ask about NOC from my current employer. Today I got the acknowledgement of DP 10 approval . Now current company proceed for cancellation of EP. After than my new employer will go for stage 2 approval.My last day in current company is 15 June'2015.

How long it take for stage 2 approval.?

Do I need to leave country if Stage 2 is under process ?

Thanks

Harpeet

Moderated by Priscilla
Reason : no copy / paste please

Hi Gravitus,

I really need your expert comment on this. I have a question regarding Job change in Malaysia. If I am having an Employment Pass with 2 years validity then is it possible to change job in Malaysia with the same EP or I have to cancel this existing one and proceed for the new EP from new employer? Does the new employer at all consider retaining the old EP? I am not able to see any information regarding this in Malaysia govt. immigration site. Please reply.

Hi Putu

I m also in same boat , Well I can tell you the process untill which I had finished.
Firstly your new employer has to file for your New EP. After getting the DP 10 Approval than
your existing employer has to file for the cancellation of your existing EP.

After cancellation  your New employer   has to file for DP11 (Stage 2 ) approval.

As far as transfer of visa is concern it depends upon the status of Company.

Regards

Harpreet

Hi Harpreet,

Actually somebody keep telling me I can switch job with earlier sponsor. You are also working in Malaysia so have you ever seen this scenario where you are switching job with your old sponsored EP and new employer does not have any issue with that.

Putu123 - Its illegal to switch to a new employer and not change your employment pass.

Hi,

Quite informative post for me as I am also in the similar situation. I have another offer in Malaysia and my current EP is till 13th July 2015. My current employer doesn't provide any NOC. I have already resigned in current role and 13th July will be my last working day here.

However, new company is not starting EP Stage 1 process yet and they are asking me to get clearance from current company and only then they can start new EP process. My current employer won't proceed with release process before end of June I guess. So In this scenario; what do you suggest me that how can I get my new EP process get started provided that I am going to continue my job in current role till 13th July (expiry date of current EP).

AJA - Basically your present company will not spend time and money cancelling your current EP as it is about to expire.

As they will not issue an NOC you will have to ask your new employer to start processing closer to the 13 July and state your current EP is expiring.

You may have to leave the country on 13 July unless the new company will start the Stage 1 without a NOC based on an expiring EP.

Otherwise you will need to contact immigration and enquire about getting a 1 month social visit/tourist visa extension while the new company pocess your new EP. You would probably need to show your Offer Letter etc.

Hi,

Many thanks for q quick response. So If my new employer has to start EP Stage 1 processing after 13th July; will they need any such clearance letter or any other documents from my current employer? Thanks

The new company could start Stage 1 now as a NOC is not required because the EP is expiring and they are not trying to recruit you until after the expiry date has passed. Its actually very simple. The important point is that the start date of the new job is after the expiry date of your current EP. Provide a copy of your EP to show the expiry date - that should satisfy the new company and help them to apply for a new EP at a later date.

If you have a letter from your current company confirming your last day in service that will help. If not you could ask for one.

Thanks for the reply. I have another query/concern:

As my current employer is not going to give NOC, I was reading somewhere regarding cooling off period; i.e. we can't join another company in Malaysia for atleast 6 months if we don't get NOC from current employer. Is that so?

Hi Gravita

Need your support...

Can you please advice me. Today I submitted my passport to my new employer for DP11.
My EP is valid until 15 June'15.

Can you please tell me that I can stay in Malaysia if DP11 is under process ??

Regards
Harpreet

Harpreet - yes if your application is in progress you can remain.There is lots of time still (over 3 weeks) for your passport to be returned with the EP inserted. It usually does not take very long (7-10 days maximum) as all permissions have been obtained by the employer.

It is always advisable to keep to hand a copy of the particulars page and any existing visa when handing in your passport to an employer.

Just saw query by AJA - the cooling off period does not apply these days but can be invoked if the NOC is not issued. In your case you dont need one as your contract has come to an end and you are not severing your employment contract.

hi

I have resigned from my previous position at March with one month notice. Since, I was rushing for my medical treatment I did finish my assignments and left in the mid of April 2015. I got new opportunity and request from my boss to have a visit to finish left over assignments. however,  I need to go to settle my LHDN issues.  I wonder, can I travel back to Malaysia. My employment pass is still valid until August.

rishi - your company should advise you on this, as it is their responsibility to cancel your employment pass. My thought is you should enter on a tourist visa as you legally no longer work for the company that issued the EP. It can then be cancelled while you are on the tourist visa and your tax can also be sorted out. The only issue may be that the embassy in your current country may not issue you a tourist visa as only one type can be held at one time. So between your former company getting advice from immigration and you enquiring with the nearest Malaysian High Commission, you can resolve how you should re-enter.

I would say that you technically could have been on extended sick leave (unpaid) and now returning to work out some duties the company has requested you to undertake,  If they agree with that description, then I guess you could enter on your current EP and hand your passport to your employer to cancel the pass in conjunction with the intended date of departure.  Extended sick or compassionate leave may be an option to regularise the situation.

Please to help me,

My current situation is
1. I have job offer and already processing in MDEC system for my stage 1, however my last day is on 7 June 2015, and my start date for the new company asking me to join on 8 June 2015. Due to several buy out payment, the current company just did the cancellation on next week around 8-14 June 2015, because they need my new company to provide acknowledgement letter from MDEC, for the to do manual cancellation, (system cancellation has been done). So, during the cancellation period, what is the visa that I will hold?

2. I will need to go for travelling overseas on 18 June 2015, and the new company, said, okay with that and mention during that time, it is still in 1st stage so I still can go overseas.
According to the above scenario, should I ask my current company to put the cancellation date on 18 or 19 June 2015? They would not put on 8 June, right? otherwise, I will need to go out of Malaysia to get any social pass? Will this be okay for my current company to put the cancellation date on 19 June?

Please do anyone help me, I have asked the MDEC and some say yes, some say no (depend on who get your call, nice or bad lady )
My current company and new company saying that I will no need to worry for this, but, I just need for explanation for the "legality" and date of cancellation during the new EP endorsement.

Thank u very much if anyone can help

Just show your travel ticket to your current company and they will show it to immigration. The permit will finish on that date and they can agree with you to be unpaid by the company until that date. You need to send your passport into immigration to get it cancelled anyway - so cant leave the country while that is happening.

The only issue is whether you need a tourist visa to return to the country, because you will have no rights to enter, unless you are from a country that does not require a visa. So you may need to use the time before you depart to get one.

You will need to delay start date with your new company though until you get back.

Thanks for the reply Gravitas,

My current and new company agreed that I can stay and start work to the next company.
Both of them has agreed for the NOC letter, etc.

And I am from ASEAN country, which do not need visa when enter Malaysia, I just give passport and they will chop for 1 month stay.

That's a good idea that I can show my flight ticket for travelling to my current company.

They haven't cancelled my visa in manually, so if the manual cancellation happen I can ask them to change the date to shorted to 19 June, and when I back I can continue for my new EP stage 2, right?

Appreciate your help again

Hi Gravita ....

Help required urgently

I submitted my passport to new employer around 3 weeks back for DP11 (Endorsement) but today they told me that I would take another 30 days and I can't join the company untill endorsement process not complete.

I already relived from my previous company , Can u please suggest me from where I can check the status of my Visa for MSC status company.

My visa expired on 15 June'15....

Plz Advice.

Appreciate your help again
Harpreet

Only the employer has access to immigration databases (unlike in Singapore where the applicant also has access). There was an interim MSC database at one time in the past, but I don't think it has been operational for a long time - the link to it does not work.

Hi Ibbanker /Gravitas ,

I work for an IT company and I am in a similar situation  . I have been told that my offer letter with new company will be released on July1st .I am not sure that my present company would give me a NOC. the notice period is 3 months which might be reduced to 2 months .
i am still confused if i could proceed with the offer of the new company as i am worried about the NOC and processing of the new DP11.

How was the process for you ibbanker . Did u have to go back to India .Did your previous company create any issues for you .

good dayq

Hi All,
   I am working in Malaysia, but i return home to my hometown Philippines last april 29, 2015. But due to some Family problem i am not able to come back to Malaysia and made a decision to force resignation last May 2015.  My EP is valid until February 2016. After i email my resignation letter the company havent even reply. Now my concern is can i still come back and work in Malaysia? Is there a possibility that i will be denied from getting a working permit again or will i be banned from working in Malaysia.

Hi Gravita,

I have sent my resignation to my current employer with 2 months notice as I got a new offer. My new employer ask for release letter as they are processing for my EP, but the problem now my current company refuse to provide release letter unless the project close and they failed to relocate staff to other project. I am confused, is this allowed for a company to do so? Does this mean I am tied up with my current employer? They tried to keep me and I have made up my mind to leave, and now they have found my replacement, but refuse to provide release letter

Hi Gravitas,

I needed your expert advise on my below situation:

- I have resigned from company A, after I received an offer from company B. I am currently serving my 2 month notice period with company A that would end on 25th Sept
- Company B, my new employer is already in the process of applying for my EP and have received stage 1 approval.
- I recently received another job offer from Company C, and I am keen to take this offer.

What kind of complications can this lead to, considering that Employer B has already received an stage 1 EP approval? How should I approach this so that Employer C (latest offer) can go ahead to apply for my fresh EP? Please advise.

Thanks a lot for your help,
Best, Anand

We had that. We blacklisted them. Simple. Most employers will as they wasted money on you and could have taken someone more loyal rather than a disloyal butterfly type 

Honestly you expect a good answer??? And anyone like that soon gets a bad name and is unemployable in Malaysia.

Hi all and Gravitas,
Right thread to put my question.After getting new offer, I resigned from my current job and current employer accepted to do online cancellation and provide release letter / NOC.

My New offer joining date is Sept 16th, New employer suggested me to get NOC date as Oct 2nd, so that they can do all new EP process in time, Is that advisable?

If my current employer cancels EP online through Mdec, how can I notice it? and The release letter/ NOC should be addressed to me or Mdec as it might be useful to stage 2 process of new EP?

Please help me at the earliest, so that I can initiate things.

hi all, surprised to see that nobody here has mentioned the "corporate talent" visa, its a rather new type visa which allows expats to switch jobs easily, with a work visa that is tied to a certain employer it is very messy business, you might even be forced to leave the country for some time and come back when the new employer has got it sorted.
The corporate talent visa is more expensive of course, but for those who have long term plans with staying in Malaysia its perfect, I am going for it now, a friend of mine got it done last year already, he found a new job in KL earlier this year, that he had this corporate talent visa made things a lot more easy, and of course you have much better cards with a potential new employer when you hold that sort of visa, as it safes him a lot of trouble and you can start as soon as you have made a clean cut with the old employer. Of course you have to fulfill certain criteria, but I guess there are still a lot of expats who would qualify but don't know about it.

this visa is called residence-pass talent visa...below are the "minumum" requirements..and they require NOC as well from current employer.

ELIGIBILITY CRITERIA
Foreign skilled talent who wish to be considered for the Resident Pass-Talent must first fulfill the following criteria:
Have worked in Malaysia for 3 years.
Holds a valid Employment Pass at the time of application.
Holds a PhD/Master's/Degree or Diploma in any discipline from a recognized university or a professional/competency certificate from a recognized professional institute.
Possess 5 years of total work experience.
Earns a gross taxable income of RM144,000 per annum.
Have an income tax file number in Malaysia and have paid income tax for at least 2 years.

Hi hello god evevening! Im curently working here in malaysia as domestic helper! Last year i already finish 2 years contract last march 2015 but i decided to renew again cause my employer is good! But now my problem is  my curent employer cant give me the minimum wage of salary of domestic helper! It is posible that can i aply to other employer as there helper

Hi, I am in bit difficult situation. I have joined company A and worked around 4 months. Now I got another better offer in company B. so I resigned company A and serving 2 months notice period and paying 1 month penalty as well. I have done my tax clearance from Hasil as well. Now I got documents from my company A for visa cancellation but they are not ready to cancel online from Mdec system. What should I do now? Whom should I approach in this case? Unless company A cancel visa from Mdec, company B can not apply for stage 1. Please help.