Employment Contract Based On Time

Question

Someone is working for someone as a sales-rep (to collect orders from hardware shops). The person signs the contract that he has to work from 8 o’clock till 5 o’clock but he is not paid for his time but rather on sales i.e. how many customers he gets for the company. His wages are based on this basis not on the basis of time. 

Is permissible that he doesn’t work for this specific time and instead works half day or half the time? Is it then halal and permissible to take full wages? He signed on the contract that he has to work from 8 o’clock to 5 o’clock but his pay is not based on time?

Answer

The contract in which you have entered seems to be incorrect, because it is not permissible in Shariah for a person to be hired in a way that the hiring and salary is based on both work and time simultaneously. He must be hired and paid for one of the two reasons; either for the work required or for the time that he is required to present himself at work.

It will be advisable that you go to your superiors/employers and sort the contract out, requesting them to hire you for a certain time period, in which case it will then be necessary for you to work throughout the appointed time slot. In other words, your contract should clearly stipulate that you are required to present yourself for work for a designated time period. In this case, the monthly salary will be for the time that is specified in the contract; such as for example five days a week, from eight to five. During this eight to five period, you will have to fulfil whatever duties are assigned to you, whether it is taking orders from hardware shops or some other work; in other words, the job description for the specified time period will be as explained to you by your employer.

Alternatively, they should hire you not for a specific time period, but for the work that you are doing (collecting orders from hardware shops), and depending on how many shops you cover you will be paid accordingly, provided that the salary is stipulated: for e.g. R500 for every order that you secure. In such a case (where you are paid R500 for every order), because the hiring contract is for the work that you do and not for the time given by you, it will be permissible to work for only half the day, because then you are being paid according to how many shops you cover.

You should however remember that if you have signed on the contract that you have to be on duty from eight to five daily (as stated by you in your query) and for that you are paid a monthly salary (and not R500 for every order that you secure), then it is clear that you are employed on a time basis and the work of securing orders from hardware shops is merely your job description and duty assigned to you for this time period. In this case, you are being paid a salary for the time that you are required to give; so it will not be permissible for you to work only half a day.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

و لو دفع غزلا لينسجه بنصفه او استأجره ليحمل طعامه بقفيز منه او ليخبز له كذا اليوم بدرهم لم يجز ……… و اما الثالث و هو ما اذا استأجره 1 ليخبز له طول النهار بدرهم فلان ذكر الوقت يوجب كون المعقود هو المنفعة و ذكر العمل يوجب كون العمل هو المعقود عليه و لا ترجيح لاحدهما الخ
(البحر الرائق ٢٣ – ٨١٢٤ مكتبة ماجدية)

و مما يتصل بهذا الفصل اذا جمع في عقد الاجارة بين الوقت و العمل اذا استأجر رجلا ليعمل له عملا اليوم الي الليل بدرهم صباغة او خبزا او غير ذلك فالاجارة فاسدة
(فتاوي هندية ٤\٤٢٣ مكتبة ماجدية)

او استأجر خبازا ليخبز له كذا كقفيز دقيق اليوم بدرهم فسدت عند الامام لجمعه بين العمل و الوقت و لا ترجيح لاحدهما فيفضي للمنازعة(الدر) قوله فيفضي للمنازعة فيقول المؤجر المعقود عليه العمل و الوقت ذكر للتعجيل و يقول المستأجر بل هو الوقت و العمل للبيان
(رد المحتار ٦\٥٩
سعید ایج ایم)

و في فتاوي الفضلي و اذا استأجر رجلا يوما يعمل كذا فعليه ان يعمل ذلك العمل الي تمام المدة و لا يشتغل بشيء آخر سوي المكتوبة
(الرد المحتار ٦\٧٠ سعيد ايج ايم)

کام یا وقت دونوں میں سے کسی ایک کی تعیین ضروری ہے ورنہ اجارہ فاسدہ ہو گا
(احسن الفتاوی ۷۱۳۱۴ ایچ ایم سعید )

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