Question:

Statement given in the question that The law relating to civil service in Malaysia is
based upon a twin principle that every employee holds office during the pleasure of the
Yang di-Pertuan Agong and that the qualifications for appointment and conditions of
service are regulated by him, in addition and subject to any law on the same subject
matters having been made by the parliament is accurate and 100% according to
provisions of Malaysian Law.

In fulfilment of official functions this code of conduct (hereinafter the Code) regulates the
conduct of public servants.

This Code is aimed at establishing standards of conduct for government services and
informing citizens of their behaviour, with the goal to improve the quality of public
services, ensuring better administration in promoting the public interest and helping to
prevent and end bureaucracy and corruption in the public sector and to create a new
system of governance. All government officials shall comply with the guidelines set out
in this Code. Any breach of this Code results in disciplinary action in conformity with
public function laws and the status of employee, as applicable. The civil servant is
governed by (a) legality, (b) justice, and (c) impartiality, in carrying out a public function.
[ CITATION com21 \l 1033 ]

(d) professionalism; and (e) loyalty the qualities of (b). Officials must respect the
Constitution of the Republic of Moldova, the legislation now in force and the
international treaties signed by the Republic of Moldova while exercising their
responsibilities. The official who believes that they are or are obliged to act illegally or in
breach of standards of conduct shall immediately communicate the situation to their
superiors. [ CITATION law21 \l 1033 ] No preference shall be given to individuals or groups
of individuals on the basis of race, nationality, race, ethnic origin, religion (including
sex), opinions (including political affiliation), property (including the social origin), or
social origins (including race). In decision making and in taking action, the civil servant
must act in a fair, non-discriminatory and equal manner. The official in his conduct
should be kind, respectful, impartial, and honest. Important duties are both public
relations and relations with their superiors, colleagues and subordinates. [ CITATION Gov20
\l 1033 ] It is prohibited for a servant of the public, including other civil servants, to act
illegally while exercising his or her official position. The employee's political affiliation
shall not affect his conduct, decisions or actions, or public authorities' policies, decisions
or actions. In addition, officials are not permitted to participate in the fundraising efforts
of political parties and other social and political organisations, to use administrative
resources to support electoral candidates, show signs or objects with political signs or
names, or to advocate for a political party in the general pu in government buildings.
The official is responsible for fulfilling his duties and showing his professionalism. Skill,
efficiency, speed and precision are all important. The officer is responsible to his
immediate superior, his superiors in the hierarchy and to the public authority for the
exercise of his/her duties. [ CITATION Fam17 \l 1033 ]

As per case law of Anandraj A/L Vadivellu V Iskandar Investment Bhd [2020] MLJU
551, The employee's employment was converted from permanent to fixed term contract
for a period of 3 years and further extended for 6 months until 30.4.2018. The Company
did not renew the fixed term contract after 30.4.2018 resulting in the employee filing a
claim at the Labour Office where he alleged that he had been prematurely retired at the
age of 48. [ CITATION Sel21 \l 1033 ]

In an appeal to the High Court, the High Court confirmed that the MRAA is to be applied
only in cases where the termination is based on age discrimination. In other words, the
termination does not constitute a premature retirement under Section 5(3) of the MRAA,
which states that:

A premature withdrawal shall not include, for any reason other than age, an optional
withdrawal under section 6 or the termination of a service contract, which are both
prohibited under this section. It was noted by the High Court that, because the
employee had accepted the promotion and conversion of his status from permanent to
fixed term in a timely manner, when the employee's fixed-term contract was terminated
on 30 April 2018, it was not as a result of a termination on the basis of age (which would
have resulted in his retirement being premature under the MRAA), but rather as a result
of the termination of his electronic employment. Therefore, the MRAA was ruled to be
inapplicable. Furthermore, the Court found that no termination letter had been issued for
the termination of the fixed-term contract, and that the Company had not issued a
letter/notification to the employee stating that the employee had been retired as a result
of his age, as the Court noted in its decision. It has been established in this case that
the MRAA is only applied on the basis of age and for no other reason. The rationale is
consistent in this case with the meaning of the term "retirement" as defined in section 2
of the MRAA, which defines it as "the termination of an employee's service contract due
to the employee's reaching the age of retirement."

The purpose of this article is to provide a general overview of the subject matter. You
should consult with a specialist regarding your specific circumstances. The main duty of
the public servant is to serve the public body he works for and the legal interests of
public officials as a whole. The employee must refrain from any act or act that could
damage the public authorities' image, prestige or legal interests. The civil service is
responsible for: informing citizens in an active, equitable and timely manner on matters
of public interest; ensuring free access to information; and adhering to the time limits set
by law for provision of information based on the powers conferred on it by the legislation
of access to information. The official is subject to legal restrictions on access to
information to protect confidential information, the life of a person and the interests of
the nation. Security and safety of the information he or she is responsible for Access,
change, or destruction unauthorized Only authorised civil servants shall be allowed to
communicate with the public and the media on behalf of the public authority. The official
is responsible for protecting public property against damage. The work hour and public
property shall be used by the employee. You have authority only when you perform the
tasks specific to the position. The civil servant shall make sure that public financial
resources are not depleted in the course of exercising his authority. They are managed
efficiently and with the finishing touches. Public property for advertising, teaching or
research purposes may not be used by a public servant. Non-legally prohibited activities
and activities of personal interest. [ CITATION Gov91 \l 1033 ] The official who represents a
public authority is called a delegate in international organisations. The fantasy activities
are called institutions, conferences, seminars and other non-facts. The violation of the
country's reputation and of its public authority the employee who goes outside the
country on a business trip shows an inappropriate behaviour. It conforms to the rules of
the Protocol and complies with the laws of the country in which it is located.
Development of relations with representatives of other countries shall not be prohibited
by the civil servant. Personal opinions should be expressed on domestic matters or
international disputes. The official cannot request or accept donations, benefits, or any
other value that may be requested or accepted. [ CITATION ILO13 \l 1033 ]

He or she will receive additional benefits, as well as their families and friends (both
natural and legal). It has had business or political relationships that have hampered its
ability to influence. Performing public functions, and this can be considered as a form of
compensation for their performance. The public servant is entitled to accept the offer
pursuant to generally accepted courtesy standards. whether traditional hospitality or
small gifts with no monetary value, together with hospitality a government decision
determines the minimum wage for the country. [ CITATION jpa19 \l 1033 ]

In violation of paragraph , the gifts that have been received shall be made available to
the public concerned;

 Use of legal authority in conformity with the legal procedures

 Should an employee have an unfair benefit, the following measures need to be
taken.
 Steps to be taken to protect yourself include:
 When the unfair advantage is rejected, it is not acceptable as a future use.
 try to identify the person making the offer;
 have other testimonies, including coworkers;
Try to record as many details as possible in the official registry/notebook attempt. Notify
the supervisor or the person responsible for the situation immediately authorities;
continue the work as usual, in particular the unfair treatment activity. [ CITATION jpa21 \l
1033 ]

The benefit has been provided. The executive officer must encourage and monitor
compliance of subordinate officers to comply with the rules of conduct. Officials shall in
the course of their management duties: a) ensure equality of treatment and
opportunities in their careers development for all subordinated employees; b) monitor
and objectively implement criteria of assessment to assess professional expertise of
their subordinate employees when proposing or approving promotions, Transmissions,
Appointments or Dismissals.

As a matter of clarification, it should be noted that, in the event that a marriage to the
officer in question was contracted after his retirement and his death occurs within a
period of 12 and a half years of his retirement, his widow or child, or both widow and
child, as the case may be, is entitled to a derivative payment under the law.

(1) Except as provided in this section and the Third Schedule, no payment shall be
made or any termination of a derivative pension or derivative withdrawal allowance if the
beneficiary is obligated to pay any derivative pension or derivative withdrawal
allowance. 1) (as amended in accordance with Act A1169); and 2) .The child who is
married or reaches the age of twenty-one when the child, who is other than the child
referred to in paragraph 2(b) of the definition "kid," or at paragraph (c), is the first; and
The term "child" refers to a child who is educated in a higher education institution but
does not progress beyond the first degree, completion or termination of the programme,
or marriage, whichever comes first. In the event that the recipient dies or ceases to be
eligible to receive such a payment, the derivative pension or derivative allowance for
pension granted and adjusted under this Act is re-allocated among other eligible
recipients in a proportion determined by the Yang di-Pertuan Agong.
Calculation of the last salary received for each employee. The Director General is
responsible for determining the last salary received by an officer. The term
"corresponding final wage" refers to an officer for whom the current wage scale does
not apply due to the following reasons: He didn't have a choice in the matter. Malaysian
Legislation 14 238 ACT

(b) the failure of his selection;

(c) his failure to be regarded as an option is considered,

The equivalent salary that an officer would have drawn before death in service or
retirement under the current salary scale, if he had been in service at the time of the
death or retirement and applied to him, in the current salary scale. The formalisation of
the paraphrase (Deleted by Act A568). The smallest pension for full service, and so
forth. In the case of a pension or other benefit that has been granted and adjusted
under this Act or that has been granted and adjusted in accordance with any other
written law and adjusted under this Act, regardless of whether the benefit is subject to
the Scheduling, the benefit shall be calculated on the basis of not less than 25 years of
accountable service. The lowest amount of pension or derivative pension payables after
adjustment shall be not less than 138 ringgit per month; and The monthly minimum
retirement or derivative allowance payable following adjustment shall be not less than
three-quarters of a hundred and eighty ringgit per month.

(2) The Yang di-Pertuan Agong may, by order published in the Gazette, increase the
minimum amount of pension or other benefit payable in accordance with the provisions
of this Section. Change in pension in exchange for disability or injury benefits The
disability pension or injury allowance shall be amended in accordance with the officer's
last salary, but the relevant factors shall be those specified by written law in the case of
a disability pension or an injury allowance. Pensions for employees are being adjusted.
Where a dependent's pension is awarded pursuant to a written law, the pension shall be
adjusted on the basis of the official's corresponding final wage, with the factors of the
written law serving as the relevant factor. Aside from a pension or another benefit, such
as a disability pension, what else can you get? The disability pension, injury allowance,
and administrator's pension mentioned in sections 9 and 10 shall be paid or payable,
notwithstanding any written laws to the contrary. In addition to any pension or other
entitlement granted under any other written law and adapted to under the provisions of
this Act, the disability pension, injury allowance, and administrator's pension mentioned
in sections 9 and 10 shall be paid or payable.

The twelfth (Deleted by Act A568). Whenever there is insufficient information to

calculate the pension amount, or when there is no information at all In the event that the
Director-General does not have sufficient information to determine the amount of any
pension or other benefit payable under this Act, the amount payable for that amount
shall be the amount payable for the grant, adjustment, or adjustment of the pension or
other benefit. In the case of an officer whose pension or pension allowance is adjusted
pursuant to this Act, the officer is entitled to a pension or withdrawal allowance equal to
50 percent of the highest pension or pension allowance payable on the current salary
level;

(b) an amount equal to the pension or pension allowance that would be payable as a
derivative pension or withdrawal allowance under paragraph (a); and

The officer's pension or injury allowance is calculated on the highest factor in

accordance with the written legislation under which the officer retired and the maximum
salary payable as an officer whose disabilities pension or injury allowances are to be
amended, as calculated by an equivalent officer on the current pay scale.

(d) the dependent pension is equal to fifty percent of the maximum dependent pension
payable, calculated using the higher factor provided for in the written law by which the
officer died in service or retirement and the higher salary payable in the current salary
scale of the officer whose pension is adjusted for the employee's dependent shall be
adjusted in accordance with the current salary scale of the officer whose pension is
adjusted for the employee's dependent. Malaysia is governed by seventeen pieces of
legislation. ACT 238 is a piece of legislation. The Director General has the authority to
recalculate the appropriate pension amount or other benefit if the original calculation
was incorrect. In the event that any pension or other benefit is granted under any
written law or adjusted under that Act in the circumstances set out in Section 13 and the
Director-General later receives sufficient information to re-determine the correct amount
of pension or other benefit payable, the Director-General shall re-determine that
amount. (2) In the event that any pension or other benefit is granted under any written
law or adjusted under that Act in the circumstances set out in Section 13, the Director-
General shall re-determine that amount. The overpaid amount will be considered
erroneously overpaid, and will not be recoverable from the person c. If it is determined
that the correct pension or other benefit payable is a) less than that paid pursuant to
Section 13, the proper amount will instead be payable with effect from the date of its
reinstatement, and the overpaid amount will be considered erroneously overpaid and
will not be recoverable from the person. In the case of a temporary officer who retires
under sections 10, 11, or 12 of the New Scheme but continues to serve under the New
Scheme, the Yangsdi-Pertuan Agong may grant a retiring allowance and gratuity to that
officer equivalent to three-quarters of the pension and the gratuity taken together
Normally, a pensionable officer who retires under the provisions of the Act receives a
pension. If the temporary officer fails to comply with the Act, the same consequences
apply had been employed by the federal government for a continuous period of time or
a State Government prior to January 1, 1976, whichever comes first. in effect until the
date of his retirement, which occurred after January 1, 1976; has served for a total of at
least ten years in a position of reckonable service. a position with the federal
government or a state government and As a result, he was under no obligation to
contribute on the date of his appointment. transferred to the Employees' Pension Plan
(EPF) or another provident fund into which a temporary officer receiving a retirement
pension has enrolled within twelve and a half years, the allowance expires A derivative
retiring several years after his original retirement date allowance that is comparable to
the officer's retirement compensation It is possible that the individual named in the
regulations will be granted the privilege. for a period of time not exceeding the
difference between the two a period of twelve and a half years followed by retirement
period during which the deceased officer served, as well as any subsequent derivatives
At the same time, the retiring allowance will be paid at the same rate as before.
seventy-five percent of the grant's total value (c) in the case of a temporary officer who
has been receiving pension benefits. After twelve and a half years, the allowance is no
longer valid. In the case of a derivative who retires from the date of his retirement a
pension equal to seventy percent of the deceased's total earnings It is possible that the
individual will be granted an officer's retirement allowance

References
commonlii., 2021. [Online]
Available at: http://www.commonlii.org/my/legis/consol_act/paa1980241/

Family, 2017. [Online]

Available at: https://www.family.my/pension-law-malaysia-retirement-pence.htm

Gov.Malaysia, 1991. STATUTORY AND LOCAL Authorities Pension Act 1980.

Govt of Malaysia, 2020. PENSIONS ACT 1980.

ILO , 2013. PENSIONS ADJUSTMENT ACT 1980.

jpapencen, 2019. [Online]

Available at: http://www.jpapencen.gov.my/english/pension_benefits.html

jpapencen, 2021. [Online]

Available at: http://www.jpapencen.gov.my/english/derivative_pension.html

lawyerment., 2021. [Online]

Available at: http://www.lawyerment.com.my/library/doc/empl/pns/#:~:text=The%20Pensions%20Act
%201980%20which,public%20service%20and%20their%20dependants.