Employment Contract / Offer letter

[Jes93]

Hi , I just Want to check if you already sign an employment contract and offer letter with the company
Will the company back out ?
But the employment contract stated its depends on MOM approval of the passes
I’m Malaysian .

Second,
Can I still stay at my current company if the past still not yet cancelled but already submit IR21 ?

[sundaymorningstaple]

Hi , I just Want to check if you already sign an employment contract and offer letter with the company
Will the company back out ?
But the employment contract stated its depends on MOM approval of the passes
I’m Malaysian .

Second,
Can I still stay at my current company if the past still not yet cancelled but already submit IR21 ?

If you can see you have an IPA then your contract is technically valid as it's contingent on obtaining a valid work permit. However, I believe as long as you have not yet reported for work, they have no grounds to stand on. It's probably a bit delicate if you were to try to gain something from this so I don't know if you want to pursue it if it is cancelled. Most employment contracts are contingent on obtaining a work pass. Otherwise there is no legal argument. However, if you have signed the employment contract then it issue is a fine point. It is valid from the point of IPA or from issuance of the actual permit or the actual starting date. I'm not a lawyer so really cannot answer any closer that this.

Second, Yes. If they will have you. Not an issue, the IR-21 taxes paid will just offset your final tax bill at the end of the year. But if you stay, your employer will already know you are ready to jump ship and the first time they are overstaffed, guess who will likely be the first out the door......