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Can a Foreign Worker change Employer in Malaysia?

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asked on Jan 10, 2020 at 20:42
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edited on Jan 10, 2020 at 20:43
by   jeff005
The straight forward answer is NO.

1. Upon completion period of the Employment Contract, the Employer have to legally terminate the Employment Pass by an application of C.O.M. (Check Out Memo) direct at MY IMI. A COM stamp will be endorsed in the Work Permit.

2. The Foreign Worker have to leave Malaysia back to source country before the expiry date of the work permit. There is a cooling period of 3-6 months from coming back to Malaysia, even as a Tourist.

3. Failure of getting the COM, the worker can be BAN from working in Malaysia - Lifelong BAN.

4. The application for the COM should start at the 12th Month (1st week) from the expiry date of the work permit.

Sample of a properly done COM

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answered on Jan 10, 2020 at 20:53
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edited Jan 10, 2020 at 21:09
by   jeff005
This is in response to a private message.
I do not reply to private messaging unless urgent and very private matters is concerned plus I do charge for private consultations.

The below Query is put in Public here as this also concern local employers.

Query

Good evening sir

Can I ask question sir

My contract is finished on xxxxxxx 2020 and I don't want to continue in my employer if my boss not allowed to transfer to another employer I can't process sir the paper here even I'm finished contract...thank you sir

@ Questioner

Upon finishing your contract, get your current employer to COM you out in the last month. Your employer may not allow you to work for another one. In cases if it is employer do not need a FW, the employer will still have to COM you out, Timing must be "good".

For your case, you have to find new employer before you leave Malaysia.

Follow my advise carefully.

1. The moment you get the COM stamp in your passport, apply for a new work permit together with the new employer the next day. This must be done before you lave Malaysia.

2.  It may take some time for the new VDR to be issued, can be 1-2 months depending on the docs submitted by the new employer.

3.  You have to leave Malaysia and wait for the VDR  (Visa For Reference) from your new employer before the Malaysian Embassy will issue you a Visa to come in to complete the application of work permit. Without the VDR and a Visa, an ex Foreigner worker will be turned back (Deny Entry) at Airports or Land Border Crossing. You must come into Malaysia from Source Country of Origin.

4. If you do things carefully and properly timed, you can be back working in Malaysia within 2 months. Just take a good rest with your family back home.
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