Is it permissible to work for oneself while continuing to work for the employer, if the latter does not adhere to the agreed-upon terms, knowing that the private work is by personal effort and does not affect the performance of the original job, and is it permissible for the employer to take a large portion of the profits?
The answer addresses three issues:
1. Ruling on employing someone with a salary and a percentage: Some scholars permitted this, while the majority viewed it as impermissible due to the unknown nature of the wage. 2. A private employee working for someone other than their employer: It is not permissible for a private employee to work for anyone other than their employer during the period of hire, as the employer owns the employee's services. If the employee works for someone else and the employer is harmed, the employer can claim from the employee the value of the lost benefit or the wage the employee received. However, if the employer is not harmed, there is no claim. Accordingly, it is not permissible for the questioner to work for himself during official working hours, and whatever he earns reverts to the employer. 3. The employer's denial of the employee's right: If the employer denies the employee's right and the employee cannot obtain it except secretly, then this is permissible. This right applies only to the previously concluded contract period. However, if the contract period has ended and the office owner insists on his stance, the worker must choose between accepting that in the future or leaving the job.
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- Ftawy
- Original fatwa ID
- 79883
- Imported
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- Source text, unreviewed
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