Services Plans and Contracts

Not specifying the salary of the employee in the contract

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.

Charging the employee for early termination of employment

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.

Using company funds for hotel and expenses

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?

Working hours left up to the discretion of the employer

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?

Employer not compensating staff for extra time

Q: I work as a manager for a Muslim man who at times stretches the time of his employees if it gets busy or is attending to personal work. He does not compensate them for extra time, and when the topic is brought up, he angrily dismisses it and says, "You are just standing doing nothing, so it’s not work." But I feel as long as they are in the shop, they are working, as they are not free to do as they like. What should I do ?