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Deducting Pay Due To Not Completing A Task

Question

Zaid employs Amar for 5 hours at R20 an hour in a manufacturing company. he is asked to sit by a machine and produce 2000 utensils in 5 hours. The machine is capable of producing 500 utensils in 1 hour. Amar only produces 1000 utensils in 5 hours. Is Zaid obliged to pay Amar in full or can he deduct a portion because Amar did not fulfill his requirement of producing 2000 utensils?

Answer

Zaid had employed Amr for a period of 5 hours, defining the description of his job. During this time Amr has to be solely dedicated to fulfill Zaid’s work. If Amr had worked for the entire duration of 5 hours trying to complete his target of producing 2000 utensils but was unable to reach his target, then too Amr will be responsible for his total salary.

An alternate method of employment would be to employ the person to produce 2000 utensils for remuneration without fixing a time. (For eg. I employ you to produce 2000 utensil for R100.00). The employee only becomes worthy of the remuneration on completion of his task. 

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

والاجير الخاص هو الذي يعمل لواحد عملا موقتا بالتخصيص ومن احكامه انه يستحق الاجرة بتسليم نفسه فى المدة 

والاجير المشترك من يعمل لا لواحد او لواحد من غير توقيت— ومن احكامه انه لا يستحق الاجرة حتى يعمل المعقود عليه 

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