is it possible if anyone has a work permit for two years in malaysia, is it possible for them to resign from the work owner? what are conditions and terms? does the work owner have the right to force the employee to work till the end of work permits?? any penalty from the work owner or the government?
Malaysia - 2 Answers
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1 :
It depends on the terms of employment which you have signed with your employer. Since your permit is valid for two years, i believe your minimum term with that company should be two years ( i could be wrong, refer to the terms of employment ). Normally, when you wish to resign before your term ends, you have to pay the company your salary in lieu of the remaining months. Likewise if your employer wishes to terminate your service before the terms ends, he would have to pay your salary in lieu of the remaining terms. Don't use the word "force", everything was agreed upon between the employer and the employee before the start of the employment. As far as the government is concern, there is no whatsoever penalty.( referring to the permit ) but according to the labour law of Malaysia, what i mentioned above about applies.
2 :
The length of work and conditions of work [e.g. resignation at an earlier date than stipulated], depends on the terms of the employment agreement you signed with your employer. If you resign early and if that is accepted, then your employer will make arrangements to cancel your work permit and apply for tax clearance[if applicable]. You will then be issued a special pass [usually 2 weeks] for you to make arrangements to return to your country.... If you need to continue to work in Malaysia, you cannot "change employer or employment", but need to go back to your country to go through the whole process again [of looking for work in Malaysia and application of work permit after a lapse of six months]......
