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Can a Foreign Worker Change Employer?

199 Views  ⚫  Asked 1 Year Ago
asked on Aug 25, 2019 at 15:21
by  
edited on Aug 25, 2019 at 15:27
by   jeff005
Foreign Migrants Workers are generally divided into 2 Major Categories.

1.  General Services [Further Sub Divisions]
Type /name of work permit - VPTE (PLKS)

2.  Professional Work Permit [Category (1), (2), (3)]
Type /name of work permit - PWP (DP10) (DP11)

Notes:
3. Only PWP C1 & C2 are allowed to bring with them his/her "Dependants" - DP11 (have to apply).

Can a Foreign Worker Change Employer?
Only PWP C1 & C2 especially if their dependants is schooling inside Malaysia.

The Foreign Worker must get a NOC  (No Objection Certificate - aka Release Letter) from the current employer.

Further Notes

Foreign nationals working in Malaysia are permitted to change employers locally should they receive a new job offer with a different employer in Malaysia. However, prior to commencing work for the new employer, the foreign national’s existing Employment Pass with his/her previous employer must be cancelled and thereafter a new Employment Pass application must be submitted and approved, under the sponsorship of the new employer.
 
Most professional foreign nationals who are changing jobs prefer to do so without having to leave Malaysia, to avoid disruption to their day-to-day lives, and indeed that of any dependant/s who reside with them, such as children who are attending school. An in-country change of employer application is possible if the following pre-requisites are met:
 
a)  The foreign national is applying for an Employment Pass Category I or II.
b)  The foreign national’s current employer is able to provide a ‘release letter’ or ‘No Objection Certificate’, confirming the last date of employment with the current company.
c)  The foreign national is able to provide his/her most recent Malaysia tax filing documents.

A common issue faced by foreign national employees attempting to change employers is the difficulty in obtaining the ‘release letter’ or ‘No Objection Certificate’ from the existing employer.
 
In the event that the foreign national’s current employer is unable or unwilling to provide a release letter, he or she would be required to obtain a cancellation of his or her existing Employment Pass and, thereafter, depart Malaysia.  Once the existing pass is cancelled, the new employer can then submit a new Employment Pass (PWP) application to the authorities on behalf of the foreign national, under its sponsorship. Once the new Employment Pass application is approved, the foreign national can re-enter Malaysia after obtaining an entry visa ( via a VDR issued by MY IMI) from a Malaysian Embassy /Consulate overseas.

Important Note
An important consideration for foreign nationals who are eligible to complete an in-country change of employer process is that they should not depart Malaysia from the time their existing Employment Pass is cancelled until endorsement of the new Employment Pass in their passport. Doing so would cause disruption to their ability to continue working and residing in Malaysia throughout the change of employer process.

My personal opinion & solution.
Change employer only when the current EP expires during /in the 12th Month

(Caveat : The above article is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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