Fatwa ID: 06747

 

Answered by: Alimah Sherbhanu Jadwat

 

Question:

 

A person is employed for a specific reason eg. management of staff affairs or stock control.

 

The employer then asks him to source some spares for the company vehicles.

 

The person is asking that, since this task is not part of his job description, is he allowed to charge a commission or service fee for this task of sourcing vehicle spares.

 

Or does his salary cover this type of work as well?

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

If the employee is fulfilling the general job description which was mutually agreed upon at the time of the working contract, during the working hours which was stipulated; he will be fulfilling his amaanah or duty.

 

The extra tasks allocated by the employer are outside the job description.

 

He may charge a service fee or commission. However, it must be by mutual agreement with the employer. He should be upfront and discuss the issue with the employer so that no ambiguity or deception exists.

 

If the employer refuses and continues to pressurise the employee to do tasks outside his agreed jurisdiction, then he will be guilty of oppression.

 

 

References:

 على شروطهم  المسلمون

ابو داود ٣٥٩٤

يا أيها الذين آمنوا أوفوا بالعقود 

سورة المائدة ١

 

 

 

Only Allah (عز و جل) knows best

Written by Alimah Sherbhanu Jadwat

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham