Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Forced Labour Convention, 1930 (No. 29) - Malaysia (Ratification: 1957)
Protocol of 2014 to the Forced Labour Convention, 1930 - Malaysia (Ratification: 2022)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee notes that the terms of service, including the retirement and discharge from the Armed Forces, are regulated by the Armed Forces Act of 1972 (Act 77) and the Armed Forces (Terms of Service of Regular Forces) Regulations of 2013 (P.U. (A) 183). Accordingly, within three months from the date of appointment, an officer cadet or a recruit may apply to the competent authority to be discharged. The concerned person may be released upon the consent of the competent authority. Additionally, an officer shall pay a sum not exceeding six months of his/her salary, while a recruit shall pay a sum as prescribed by the competent authority (sections 10(A) and 31 of Act 77 and regulations 61(1)(b) and 41 of the P.U. (A) 183). Moreover, beyond the period of three months after the appointment, an officer cadet may apply for release and will be discharged upon the recommendation of the Armed Forces Council and the permission granted by the Yang di-Pertuan Agong (the King of Malaysia) (regulation 64(b) of the P.U. (A) 183). Additionally, the Yang di-Pertuan Agong may allow a regular commissioned officer, upon his/her application, to retire upon or after having attained the prescribed optional retirement age (section 9 of Act 77 and regulation 42(3) of the P.U. (A) 183). The competent authority may also discharge any serviceperson at any time if particular circumstances so require (regulation 61(s) of the P.U. (A) 183).

The Committee notes the Government’s indication, in its report, that since 2020, 45 applications for discharge were made and all were approved. The Committee welcomes this information but observes that the legislation still subjects the application for discharge by both career soldiers and career military officers to the approval of the competent authority or the Yang di-Pertuan Agong, allowing for its rejection in practice. It wishes to draw the Government’s attention to the fact that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, without being subject to prior permission. The Committee therefore requests the Government to take the necessary measures to ensure that career members of the armed forces enjoy the right to leave their service in peacetime at their own request, within a reasonable period, either at specified intervals, or with previous notice. It further requests the Government to continue to provide information on the practical application of the relevant provisions under the Armed Force Act of 1972 and the Armed Forces (Terms of Service of Regular Forces) Regulations of 2013, particularly the numbers of applications to resign that have been accepted or refused and information on the grounds for refusal by the Armed Forces Council.