Question
A Muslim employer does not adhere to the government's laws pertaining to employees. He has his own conditions and terms which employees have to abide to. The benefits in legal contracts are not included in his agreement with his workers. Is this permissible? What about a pension fund? Can employees complain to the authorities?
Answer
According to the Shariah, there has to be an agreement between the employer and employee. Work times, kind of work and salary must be defined and specified. Whatever terms have been mutually agreed are binding on the parties.
However, if the terms are exploitive, and employers taking advantage of circumstances, perpetrate exploitation, they will be guilty of transgression and sin.
The employee is entitled to the benefits agreed on. The laws of the government in this regard are not binding.
Leave, holidays and the like have to be stipulated in the agreement and mutually agreed on. If the agreement does not provide for such benefits, the employee will not have the right to demand benefits.
The Shariah does not impose any pension fund. The employee has no Shar'i right to demand any gratuity. Only the terms of the work contract will be applicable.
If the employees have agreed to the conditions of the agreement, then it will not be permissible for them to complain to the authorities if the employer does not abide by the law of the land.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 28 No 06
- PDF page
- 6
Appears under WOMEN & ‘MAKE-UP’ (approximate).