Breaching Conditions in Employment Contracts

9-7-2019 | IslamWeb

Question:

my question is about people not following administrative processes relating to request of salary at their work. They perform their job well, but there is a requirement that they follow specific adminstrative processes after completing their job before they can receive their salary: eg written approval from clients, issuing receipts and so on. No one actually follows these processes, but it is written in the work contract as well as in every form they submit to receive their salary. the aim of the processes is to ensure the rights of the clients, but the clients do not care for these processes and following these processes disrupt the actual work. is the person sinful if they do not follow this procedure but they complete their work well otherwise, and does this affect their income? is it halal or not?

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

The employee has to abide by the contract and its terms and regulations because Allah Almighty Says (what means): {O you who have believed, fulfill [all] contracts.} [Quran 5:1] Also, a Prophetic Hadeeth reads: "Muslims should fulfil their conditions (in contracts)." [Abu Daawood and classified as authentic by As-Suyooti].

The fact that some employees do not abide by this does not allow others to breach the limits agreed in the contract. This matter should be verified by referring to the employer and asking him about those procedures, and whether or not they mandate that employees must follow them? This is the employer's right, and if he agrees to make a concession, then there is nothing wrong in it.

Allah knows best.