We have 33 guests onlineMy Company Policy does not issue any Release Letter for resignation or termaination
Member
Right now i have an offer from another company and i am willing to take the offer but the previous company policy stated that they don't issue any release letter for all staff. My question is, do the company have the rights to decide wether they are willing to issue or not the release letter, and are there any other way for me to joined wiht the new company without issuing release letter or spend the coolling off period.
Regards,
Oki
Administrator
Can't you just resign according to the contract of service if you want to work for another employer?
Member
The new company request for me to joined them on this month. I've heard from my friends that if my previous company and the new company has a different category of industry, that means that i can joined the new company without applying release letter but i have to pay for some penalty. But if i agree with your advise, am i be able to joined with the new company without spending the colling off period.
Regards
Oki
Administrator
What is "applying release" and "cooling off period" about? I am not aware of such a law. Can elaborate?
Member
I have got the information from the expats.com.my that the procedure for those (expatriate) who are moving from company A to company B or would like to joined another company, will usually have to go through a 6 months cooling - off period and we (expatriate) have to return to our country and not entering Malaysia throughout the entire 6 months.
And we want to waive the cooling off period the procedure is that we have to submit a copy of Release Letter from our previous company. According to the answer that you have replied before that i just resigned according to the contract, am i have to go through the cooling off period for 6 months or i can joined the new company after i fullfil my contract without submit any Release Letter from my previous company.
Thx
Administrator
I see. My reply was based on Section 12 of the Employment Act Since you are an expatriate employee whose salary may be over RM1500, the Act may not be applicable to you. As such, disregard my advice on resignation. Now if you are thinking of changing job, you may have to read the contract that you have signed with the company and you better seek clarification from the Malaysian Immigration Department.
Member
Thank you for the information given, i'll seek the clarification from the Malaysian Immigration Department.
Regards,
Oki
Member
I had got an offer within malaysia and my present employer is not accepting to give release letter.
I saw from the immigration link below if I get
Change of employer for which a change in vertical position bersifar
or Exemption appeal letter from new company
then I can join the other org without cooling period .Is it true
presently I had given as "module photonics technical advisor" and I got offer as global Oem technical consultant,do this come under this exemption class?
Administrator
Siva, you have to consult the Immigration Department. Can't be of much help.
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