Working a fraction of one’s employment hours

Dec 14, 2021 | Employment / Commission

Question:-

Teachers that are employed full-time at a Madrasah teach for a fraction of their employment time, and are left free for the remainder of the time. Are they entitled to their full salary or only a fraction of their salary?

Answer:-

In the queried scenario, the employees of the institute are available to attend to work duties but the institute only permits them to teach for a fraction of the time for whatever reason. In this case, the institute should remunerate them in full as the shortfall is not from the side of the employee.

والأجير الخاص: الذي يستحق الأجرة بتسليم نفسه في المدة، وإن لم يعمل، كمن استؤجر شهراً للخدمة أو لرعي الغنم.   (اللباب كتاب الاجارة)

However, if the Madrasah is unable to remunerate their staff due to lack of funds they should terminate their current working contracts with their staff and re-negotiate a new working contract with shorter working hours. The employees are then free to work at alternate venues in their free time and thereby recoup their losses.

 

ALLAH TAÁLA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 09 Jumad-al-Ula 1443 / 14 December 2021

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