Employee not performing his job properly

Fatwa ID: 02554

Answered by: Maulana Jamal Ahmed

Question

Asalamualaikum.

Hazrat, please answer the questions accordingly based on the Hanafi

fiqh.

1) If a Muslim arrives late for work, or from their break & lunches,

intentionally, or unintentionally, and the manager/employ pardons them

from making the time back up – will the Shariah also excuse them, or

will they be required (not advised) to either make the time back or to

give up a portion of their wage based on the time, and to pay it back to

the employer, or to pay it to a Muslim charity without the intention of

reward?

Also bear in mind, contractually, the employer does not dock wages for

lateness for the start of the shift, or break/lunches, but disciplines, and

reprimands them by having a strike system in place. Repeat occurrences

will result in either termination of the contract, or formal final warning.

2) If a Muslim carries *most* (the bread, and butter) of their work

effectively, but takes liberties in deliberately neglecting smaller bits

of work – does this act render their wage haram for that day resulting

them having to give up a portion of their wage, and to pay it back to

the employer, or to pay it to a Muslim charity without the intention of

reward?

3) If a Muslim lies or deceives, or both to their employer, so they're

excused from doing any work for a time, but are still available at their

desk to take up any other work their manager/employer may give them, but

they are allowed to chill basically – does this act render their wage

haram for that day resulting them having to give up a portion of their

wage, and to pay it back to the employer, or to pay it to a Muslim

charity without the intention of reward?

An example of this is lying, that they cannot log in to their

workstation, and a certain error comes up. This means having to call the

IT department who won't verify their issue, but simply carry out a

routine list of troubleshoots which, they know will take 15-20

minutes. They're allowed to pretty much twiddle their thumbs, and wait

until the entire process is complete.

My understanding is in this scenario because they were available to

work, the income would be halal, but lacking barakah? Kindly clarify.

4) When one is working, but multitasking i.e. browsing the Internet,

sending e-mails, and working with colleagues – does this act render

their wage haram for that day resulting them having to give up a portion

of their wage, and to pay it back to the employer, or to pay it to a

Muslim charity without the intention of reward?

Jazak'Allah.

Answer

In principal, an employee is only entitled to payment for the period he works.

The employee has to return the surplus payment to the employer if it is against the contract, but if it is in line with the contract, then it will be permissible. FatawaUsmani, vol. 3, pg. 387, pub. Maktabama’arifulquran.

As long as the employee is doing the specified job and not doing his personal tasks, he is entitled to wages for that period, unless the employee is doing something against the contract.

If the employee lies so that he can do some easier job then as long as the employer is happy, he is entitled to wages, but he will be sinful for lying. But if he lies so that he can waste time, then they are not entitled to wages for that period.

If the contract does not include the prohibition of multitasking then as long as this does not interfere with the job then he will be entitled to wages for that period.

Only Allah knows best.

Written by Maulana Jamal Ahmed

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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