Should I quit?

For those curious about my reasons for quitting, my reasons can be found here.

Uprooting your entire life and moving across continents to pursue career opportunities elsewhere is a major decision. This is one decision which should not be made lightly on a whim.

First of all, you would have to identify the exact reason you wish to make the move. Is it in pursuit of a work-life balance? Perhaps would you like to have better career opportunities? Or is better remuneration your main motivation?

Regardless your reasons and depending on your personal circumstances, migrating overseas might be a valid option. However, do remember that there is still a chance that your desired work environment might not be as rosy as you expect it to be. The healthcare system in your target country will also definitely have its own challenges and disadvantages. In some scenarios, staying back in Malaysia might still make more sense after weighing out all the pros and cons. That is why having detailed information is a must before you even think of handing in your resignation letter, and hopefully this site will prove useful for you in your decision process.

If you have already made the decision to quit, the second most important question is WHEN. Before answering this question, we will have to look at the Medical Act of Malaysia, with a focus on Sections 40 – 42 which state the regulations surrounding compulsory service. It has been reproduced below for ease of reference (highlighted annotations mine).

Section 40. Notice to fully registered person to serve in a medical capacity in the public services

• Every person who obtains full registration under this Act shall be liable immediately upon being fully registered or at any time thereafter to be served with a written notice issued by or on behalf of the Director General requiring such person to assume appointment in a medical capacity in such post in such public service and on such date, as may, in each of these respects, be specified in the notice.
• A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he shall be guilty of an offence under this Act.
• Immediately upon a charge under subsection (2) or under section 41 being proved in court against any person, the registration of such person under section 14 shall be deemed to be revoked, and the Registrar shall accordingly strike off from the Register the name of such person.
• (a) Where the name of a person is struck off from the Register under subsection (3), it shall not be restored on the Register except upon a direction given by the Minister, and the Minister may give such direction upon an application in writing being made to him by the person whose name has been struck off from the Register.

(b) Any direction so given may be made subject to the fulfilment of such terms and conditions as the Minister may deem fit to impose, and such terms and conditions requiring such person to serve in a medical capacity to the satisfaction of the Director General for a continuous total period of not less than three years in such post in such one or more of the public services as may from time to time be determined by the Director General in his discretion.

(c) While such person is fulfilling the terms and conditions imposed under this subsection he shall be deemed to be fully registered so far as is necessary to fulfil the terms and conditions imposed under this subsection and for such other purposes as the Minister may direct, but no further; and upon fulfilment of the terms and conditions imposed under this subsection he shall be entitled to a certificate issued by the Director General as evidence thereof.

• The decision of the Minister upon an application made to him under subsection (4) for the restoration of a name upon the Register shall be final and shall not be questioned or reviewed in any court whatsoever. (6) Where a notice under subsection (1) has been served on any person liable to be served therewith, the Director General may at any time cancel the notice and, if he thinks fit, cause to be served on him a further notice under subsection (1).

Section 41. Period of service in pursuance of a notice under subsection 40(1)

A person who commences to serve in a post in a public service in pursuance of a notice issued under subsection 40(1), shall continue to serve in the said post or in such other subsequent post in the same or such other public service as may from time to time be determined by the Director General in his discretion for a continuous total period of not less than three years to the satisfaction of the Director General and if he fails to do so he shall be guilty of an offence under this Act.

Section 42. Power of Minister to grant reduction, exemption or postponement from period of service under section 41

•  The Minister may, by order published in the Gazette —

(a) in respect of any particular person;

(b) generally in respect of any class of persons during such period as he may specify;

(c) generally in respect of all persons during such period as he may specify, grant such reduction as he may consider appropriate or complete exemption from the period of service required under section 41.

• The Minister may, upon application being made to him in writing by any person liable to undergo the period of service required under section 41, grant to such person postponement from commencing such service for such period as he may consider appropriate if he is satisfied that it would be just and reasonable to do so.
• The decision of the Minister upon an application made to him under subsection (2) shall be final and shall not be questioned or reviewed in any court whatsoever.

Medical Act of Malaysia

Put together, it means that you are legally required to complete a period of service (currently defined as two years) in the public sector upon full registration with the Malaysian Medical Council. This date is generally the first date of your sixth posting, with the assumption that there were no delays in your application for full registration – this date can be confirmed via MeRITS. Your compulsory service (or khidmat wajib) may be reduced to a minimum of one year upon application – read the relevant circular here and apply for reduction of service here.

With this in mind, you might fall into one of the following categories:

1. House officer: I would strongly suggest that you complete housemanship training in Malaysia before venturing overseas. Internship positions are usually difficult to obtain in overseas countries. Additionally, the Ministry of Health generally does not rehire those who have left the service. If you decide to quit and roll the dice but unfortunately fail to get a HO-equivalent position overseas, you will be stuck in limbo.
2. Medical officer, yet to complete minimum 1 year of compulsory service: I would suggest that you complete your compulsory service to ensure that your full registration is secure. Granted, it might seem improbable at this point in time to be hauled up to court for the offence of failure to complete your compulsory service, but is it really worth the risk after you have survived two years of Malaysian housemanship? One caveat is if you do not intend to practice in Malaysia ever again (permanent emigration), though I would personally retain my Malaysian full registration as an extra safety net.
3. Medical officer, already completed minimum 1 year of compulsory service: congratulations, you have completed all your legal obligations with regard to full registration. Remember to file the application for reduction of service if it is less than 2 years! Before leaving service, make sure that your curriculum vitae is competitive. You should also bear in mind that the entire process from finding an overseas job to actually starting work in that job can take several months, so financial security and planning during this period is imperative.