Rights of an employee who left his job without previous notice Fatwa No: 96993
- Fatwa Date:14-6-2007
Assalamualaykum, An employee left my company in the middle of the month, without previous note. this caused me big losses and made the company lose its credibility in front of its customers. This employee is asking for his salary for the days he worked during the current month. Do I have to pay him this salary? Can I ask him for any compensation for the losses I have because of what he did?
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
A hiring contract is a contract which both parties are obliged to fulfil, and the hired person is obliged to do what is agreed upon beforehand between him and his employer. Therefore, if the employee leaves the job during the hired period without a sound reason, like being sick or imprisoned and the like, then his employer has the right to deduct from his salary the days which he did not work, but he should pay him for the days which he worked.
His employer is also permitted to ask him for compensation for the losses that resulted from him stopping to work. However, it is the Islamic court which can determine the value of the losses or an arbitrator both parties would appoint to arbitrate between them in this matter may also determine such value in order to avoid disputes and injustice.
Allaah Knows best.