Services Plans and Contracts

Q: Please advise with regard to the following aspects in connection with domestic helpers: 

1. Is it necessary to fix the daily/weekly times of work, or is it okay to have a casual arrangement, such as starting and finishing on flexible times, but getting the work completed? 

2. If there is an occasion or family function, the helpers are automatically expected and required to assist with all the set up and clean up etc. This can go up to late in the evening, even after 10 pm. Is this acceptable as part of the "understanding" between the parties that such events will come and the helpers will be required to work? 

3. The helper does not work on Sundays. If any occasion or family function falls on a Sunday, does the helper have to be separately remunerated for the Sunday work? 

4. Almost every few months, we have guests who stay for a few days. Sometimes, it is an entire family. This obviously increases the workload of the helper in many aspects, such as cleaning, washing and ironing of clothes, etc. Does this have to be separately remunerated? 

5. If in the past the worker was made to work overtime without any remuneration, or was given extra tasks which took more than the normal time, out of negligence and without realising that this was not correct in terms of shariah, how does one now make amends for this? 

If any helper worked in this manner and has left and there is no trace of the person, how does one make amends? 

6. Some helpers grudgingly accept a lesser amount than the general norm or what they are happy to work for, due to desperately wanting a job. How do I ascertain if the wage being paid is fair and I am not exploiting the helper in any way? Is there a way to determine what is fair and what is exploitation? 

7. Can salary be deducted for damage caused by the helper due to negligence or lack of due attention while engaging in the tasks? 

8. Any general advice with regard to employment and treatment of the domestic helpers will be much appreciated.

Q: What is the ruling for someone who is using a card machine and charges the customer the same percentage that the company charges them for using the card machine in order for the shopkeeper to access the customer's money?

Q: My company does not pay me on time. Salaries have been delayed for over 6 months. Now they have allocated money for a project. But the client has already completed this project and the company does not know about it. 

Can I take this money and use it for my personal expenses as the company does not pay me on time at all? I am the one who is controlling the cash flow and only I will know about it.

Q: I have a question for Mufti Saheb regarding a business contract for an employee. 

I am an optometrist and have my own optometry practice. It is the main source of my income to run my home. I am hiring another optometrist to run the business so that I can increase my studies. 

The going rate for an optometrist is around R25 000 a month in KZN. 

I have offered this person a salary of R15 000 with the incentive of earning 50% of the profits from the business every month. 

In the expenses of the business I have stipulated R25 000 as a salary for myself to run my expenses. I will still assist in the decision making and management of the practice. As the sole owner of the business. Is it permissible for me to take this R25 000 salary as part of the business expenses not to be included in the profit. 

The expenses are all shared with the optometrist I wish to hire so that there is full transparency.

Q: I have an issue on which I need Islamic guidance. I was working in a company, and according to the company’s contract, if any employee leaves the job before completing two years, then he must pay the company two months’ salary. 

My intention was not to leave the company, but due to mental stress and false accusations against me, I was forced to resign even though I did not want to. 

My question is that according to Shariah, is it obligatory on me to pay this amount? I did not leave the job by my own will or by deceiving the company, rather I was forced to resign due to the false allegations and inappropriate behavior.

Q: A person has 3 days family responsibility leave. If he takes this leave to take his child to the doctor. But he does shopping afterwards, is this allowed?

He is taking leave for a number of hours. He is not taking leave that he will just go and come back once done.

Q: If I'm in charge of property and among about 50 shops I have to do renewal of leases. One shop is a gambling shop. Is it permissible for me to sign up or redraft a renewal lease?

Q: What is the law in shariah with regards to paying royalty and advertising fees to a franchise purchased?

Q: I have to visit KSA to conduct a workshop with customers and vendors. Customers and vendors requested to do workshops on weekends so we can save time and go to Umrah within this time line and requested to pay the same amount that will be saved by reducing the time of workshops and hotel accommodations so that we can manage our expenses for Umrah. 

I requested the company for this favor, and the company approved it for the vendor and customer, but when asked for myself, they replied, "we will book a hotel for as per your request and grade limit." When I checked with the relevant person, he told me your limit is 300 AED for a single night. You can book by yourself by booking online and share the booking receipt, and we will pay you. I have calculated that amount and now want to go with another hotel that has a lower rate, some 150 AED, and the rest amount will be used for travel and food during Umrah. Maybe some money can be saved by this. 

Can you please guide me? Is this halal or haram?

Q: Alhamdulillah, I have a job offer, but I am not sure if it is Islamic. 

The working hours are 48 hours per week. I queried as to how many hours per day, I was told it is a 6 day a week job with the amount of hours per day, the timings and the number of shifts per day left up to the discretion of the employer. 

My question is, is this arrangement permissible in Islam? Is it permissible for me to take up this job offer?