Question
Zaid works in my shop, he is making his own deals on the side because of which he does not pay much attention in my shop, can i deduct an amount from his wages because of his negligence? Can i put a clause in my contract that if anyone makes any side deals then 20% of his wages will be deducted?
Answer
If a person works in someone’s shop and makes his own deals on the side, hence does not pay attention to his duties in the shop for that duration of time, the owner of the shop can deduct a percentage from that employee’s wages due to his negligence. The employer, i.e. the owner of the shop should work out the percentage time that the employee was guilty of wasting (by not attending to the duties assigned to him) and then deduct that percentage of his wages for that particular month.
The owner cannot put such a clause in the contract that whoever does his own work, 20% from his wages will be deducted because there is a possibility that he utilizes less of his employer’s time for his own work, which does not justify deducting 20% of his wages.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
وتحقيقه في الدرر وليس للخاص أن يعمل لغيره ، ولو عمل نقص من أجرته بقدر ما عمل فتاوى النوازل
رد المحتار،كتاب الاجارة، ج ٦،ص ٧٠،ايج ايم سعد