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Foreign worker left workplace without employer approval and work permit canceled. What to do now?

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asked on Sep 29, 2017 at 20:25
by   Vamshikhanna Pilli
edited on Oct 17, 2017 at 09:31
 
For 13 months, I've been working in a restaurant as a waiter. This September 15, I left my workplace and have been staying at my friend's home. I used an agent and applied for one way travel document at the Indian Embassy by reporting as lost of passport. Later, I got my travel document.

Last week, I went to the Immigration Department of Malaysia to get outpass but my employer has already been to there and canceled my work permit. He also showed them my ticket flight date and took "checkout memo" from them. They said I have to leave Malaysia before 10 October 2017 or police warrant arrest will be issued. The agent if of no use now, he had already taken my fee payment.

Please advise me what I have to do. Thanks.
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10 Answers

answered on Sep 29, 2017 at 21:58
by   jeff005
edited Oct 17, 2017 at 09:33
 
Questions:
1. What did your ex-employer said to you now?
2. What did the Immigration tell you now?
3. What you plan to do now?
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answered on Sep 30, 2017 at 02:54
by   Vamshikhanna Pilli
edited Oct 17, 2017 at 09:38
 
1. I am scared to contact my employer because he has already made a police report against me. If I call him, may he will inform the police.

2. The Malaysia Immigration already said that my boss has taken the checkout memo from them. They said I have to leave Malaysia before 11 October 2017.

3. I approached one non-govermental organisation. They took all my details. They are helping me now. They are trying to contact my employer. I he does not give back my documents and money then they will file a case against the restaurant on my behalf.
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answered on Sep 30, 2017 at 03:36
by   jeff005
edited Sep 30, 2017 at 03:52
by   jeff005
they will file a case on restaurant behalf on me
Which stupid NGO is this?
The  moment you attend court, you would be sent to jail
You are a runaway,worker.
You are the one who do not want to contact your ex employer and he cannot find you because you are the one who is hiding.

You can run but you cannot hide... for long

There will be 2 charges against you even if your ex employer give you back your original passport.
1. Make false police report for loss of passport, police can jail you.
2. You have broken Foreign Employment Laws by being a runaway worker. Immigration can jail you if they charge you.
3. You have misled your Embassy with false police report. They may ban you from giving a new passport for next 10 years if your country is part of the  ASEANAPOL.

if he never give my documents and my Money 
Why need to pay you?. You owe and have to pay back the balance of the expenses for not completing the 2 years contract. This is a legal fixed period employment contract  recognized by Two Countries. There are MOU's signed. You have to pay back the balance of the uncompleted duration of the contract.

Keeping your passport is against Immigration laws. This would be dealt with by immigration court. Normally a warning or fines of RM1,000 will be levied.

But making false police reports for loss of passport and breaking your contract by running away is  ..

JAIL TERM...!!
You can be charged separately.

When you first posted on this forum, you have been advised and discouraged from carrying out this dangerous move. You still want to do it. Why post here and ask for advice again?  Now cheated by agent and can go to jail..!! You asked for it and now you get it.. There should be No Qualms..!!
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answered on Sep 30, 2017 at 05:44
by   Vamshikhanna Pilli
edited Oct 17, 2017 at 09:46
 
Thanks for your reply.

First, I will meet my employer and I will pay him relevant amount and if he could not help me, I will straight away go and surrender to the Immigration Department. 
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answered on Sep 30, 2017 at 06:32
by   jeff005
edited Oct 17, 2017 at 09:48
 
You cannot get any exit pass from Immigration. There is no surrender for you.

After 11th October, you will be barred from exiting Malaysia. Only your ex-employer can help settle these issues together with you before this date. The  "checkout memo" is for you to settle with your employer.
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answered on Sep 30, 2017 at 12:26
by   samaritan
edited Oct 17, 2017 at 09:49
 
The  moment you attend court, you would be sent to jail
Where got jail term when his NGO lawyer attends court, not him.
Don't scare people like that.
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answered on Sep 30, 2017 at 12:54
by   jeff005
edited Oct 17, 2017 at 09:58
 
If you do not know the procedures of the Immigration and why the the police report MUST  be made for runaways don't just use laws to interpret. This is NOT debts. I am not scaring him.

Samaritan, why was the checkout memo for? Why was the police report for? There is no such thing as "on behalf" for these type of cases. After October 11, if he does not exit, a real warrant of arrest can be issued. It depends on whether the Immigration and the ex-employer want to do it or not. You say he is a runaway.. employer did it? And then reported him runaway?

Apply immigration laws wisely. There are controlling procedures too.

NGO lawyers? Another scam? Send more money from home country?
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answered on Sep 30, 2017 at 16:28
by   Ukekiang
edited Oct 17, 2017 at 09:59
 
@ Samaritan

In your opinion, for the above situation, on what grounds and for what claims the NGO lawyers are filing in courts?
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answered on Oct 23, 2017 at 03:19
by   jeff005
edited Nov 7, 2017 at 09:02
 
@vamshikhanna-pilli

Any updates?
You have settle the issue with your ex employer?
Did the NGO lawyer manage to file a case in court?
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answered on Oct 26, 2017 at 00:41
by   Vamshikhanna Pilli
edited Nov 7, 2017 at 09:06
 
NGO helped me get the checkout memo. I already got it from them. Now I am back in my hometown. Thanks a lot.
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