Validity Of An Employment Contract
Question
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 and was told it is a 6-day week job with the amount of hours per day where the timings and the number of shifts per day are left up to the discretion of the employer. My question is, is this arrangement permissible in Islam? Would it permissible for me to take up this job offer?
Answer
The total number of hours, as well as the daily hours that the employee will be working, has been stipulated and fixed. We assume that the remuneration is also fixed, hence the transaction seems to be in order with the proviso that the employee is happy to work flexible hours which will be left to the discretion of the employer. However, it is best that the employer informs the employee of the working times so that the employee may plan himself accordingly. In conclusion, the arrangement is in order and the job offer may be accepted.
References (Arabic / Urdu sources)
يشترط في صحة الإجارة رضاء العاقدين (المجلة ص 86)
يشترط في الإجارة أن تكون المنفعة معلومة بوجه يكون مانعاً للمنازعة (المجلة ص 86)
تفسد الاجارة لو وجدت شروط انعقاد الاجارة ولم يوجد أحد شروط الصحة. (المجلة ص 87)
- Answered by
- Maulana Abdul Kader Fazlani
- Checked & approved by
- Mufti Mohammed Desai Saheb
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