Mufti Online — Madrasah Ta'leemuddeen

Employee not honouring an agreement made when starting employment

· 25 Rabiʻ II 1443 AH1 min readEnglish

Question

1. If an employer insists that the employee must join remotely and relocate within 3 months. Can the employee agree (contractually/verbally), then proceed to work online for the first 3 months and serve a notice period? Does he have to fulfill the conditions?

2. Would the employee be sinful for not intending to relocate before he enters into such an agreement or for going back on a promise? Does that affect the income received for work done? Also, is such a condition valid and isn't the employee entitled to a salary for the period he has worked?

Answer

If there is a mutual agreement between both parties, then both parties should honour the agreement. If one is entering into the agreement with the intention of not fulfilling it, then this is wrong.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/32857
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-32857

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