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Sponsored by one company but working for another - Malaysian Employment Pass

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asked on Sep 17, 2017 at 02:05
by   mrmurphy
Hi, I'm hoping to find some information from anyone who may have had a similar work arrangement offer to mine.

I've been offered a job in Kuala Lumpur however the company itself is not in a position to formally hire me just yet. They are currently in the process of applying for MSC status and, as I'm a foreigner, they cannot officially hire me until the process is complete which may take a considerable amount of time.

As we both do not want to wait so long for me to begin working there, they have offered me an alternative solution. The boss of this company (A) said they can get another company (B), which already has MSC status, to sponsor the Employment Pass for me.

Basically, I will have company B named on the Employment Pass in my passport but I will work at the location and be paid by company A. Just to note, these 2 companies are not related and are completely separate entities. The bosses from both companies are friends and I was told it would be simply be a favour between friends.

I've tried to find information about this online and the only thing I can find was from the Expatriates Services Division site at https://esd.imi.gov.my/portal/expatriates/m...mployment-pass/

It states on this page that "Expatriates may only work for the company named in the Employment Pass." Because of this statement, I do not think it's possible for me to legally work under this arrangement. However, the boss from company A has assured me it's perfectly fine.

Has anyone else had any similar experiences and/or are working in Malaysia under a similar arrangement with 2 companies?

Any advice is greatly appreciated, thanks.
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4 Answers

answered on Sep 20, 2017 at 19:26
by   jeff005
What sort of  work scope you are doing in Company A?
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answered on Sep 21, 2017 at 14:07
by   mrmurphy
Hi jeff005,

The work would be music composition and sound design for televised advertisements.
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answered on Sep 21, 2017 at 14:18
by   jeff005
edited Sep 21, 2017 at 14:22
by   jeff005
Do an assignment of services, just like a sub-contracting of services from B to A but salary paid by A. B must make some money (Token), as your insurances is covered by B under the expat insurances.
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answered on Sep 25, 2017 at 18:11
by   mrmurphy
Thanks jeff005. Do you know where I could find official information regarding this 'assignment of services' for expatriate workers online?

The only thing I could find was "Expatriates may only work for the company named in the Employment Pass" on the government ESD website and it seems to conflict with my situation.

I'm not sure if I can sub-contract as an expatriate. Would it be best for me to wait and get an Employment Pass when they can officially hire me directly? 
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