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Termination An Employee’s Contract Before Expiration

Question

A was working for B. the contract was for two years for R10,000 a month. On 15th of Feb A fired B. is B entitled to the full salary of Feb? Can a person fire his worker for no reason?

Answer

 It is not permissible for the employer to fire the employee meaning terminating a one-year contract or one-month contract without a valid Sharee reason. If it so happened, the employee will still be entitled to his monthly salary till the end of his contract. In the same token, it will be necessary for the employee to avail himself for the required service for that duration.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

( المادة ٤٠٦) : الإجارة اللازمة هي الإجارة الصحيحة العارية عن خيار العيب وخيار الرؤية وليس لأحد الطرفين فسخها بلا عذر 

( قوله وبعذر إلخ) فلا تفسخ بدونه إلا إذا وقعت على استهلاك عين كالاستكتاب فلصاحب الورق فسخها بلا عذر
(رد المحتار – ص ٨٠ ج٦) 

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